State v. Cook

610 N.W.2d 664, 2000 Minn. App. LEXIS 401, 2000 WL 463003
CourtCourt of Appeals of Minnesota
DecidedApril 25, 2000
DocketC7-99-1790
StatusPublished
Cited by25 cases

This text of 610 N.W.2d 664 (State v. Cook) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Cook, 610 N.W.2d 664, 2000 Minn. App. LEXIS 401, 2000 WL 463003 (Mich. Ct. App. 2000).

Opinions

OPINION

KLAPHAKE, Judge.

The State of Minnesota appeals from an order suppressing evidence seized after police conducted a warrantless arrest of respondent Shilow Cook. The district court granted Cook’s motion to suppress and concluded that police lacked probable cause to arrest Cook based solely on infor[666]*666mation received from a confidential reliable informant (CRI). Cook has not filed a brief in response to the state’s appeal, and this matter is proceeding pursuant to Minn. R. Cív.App. P. 142.03 (if respondent fails to file brief, case shall be determined on merits).

Because the CRI’s information lacked sufficient detail and range to establish the CRI’s basis of knowledge, we affirm the district court’s decision that police did not have probable cause to arrest Cook without a warrant.

FACTS

The facts of this case are largely undisputed. The parties stipulated to the facts contained in the complaint and police reports, and the testimony presented at the suppression hearing was consistent with the facts contained in these documents.

At the hearing on Cook’s motion to suppress, Minneapolis Police Officer Michael Doran testified that on the morning of June 22, 1999, he received a telephone call from a CRI. Doran had worked with this particular CRI in the past and had met him in person. The CRI had previously provided Doran and other officers known to Doran with information that had led to at least 12 other convictions. The CRI was paid for his information. To Doran’s knowledge, the CRI had never given any false information.

In the two weeks prior to June 22, the CRI told Doran that a man named Shilow Cook was dealing crack cocaine in the Minneapolis area. In the June 22 phone call, the CRI told Doran that Cook was selling crack cocaine at the YMCA located at 34th and Blaisdell in Minneapolis and that he had the crack cocaine in the waistband of his pants. The CRI further described Cook as a black male in his mid-40’s, 5’6” tall, and weighing approximately 150 pounds. The CRI told Doran that Cook was wearing a red shirt, black pants, and a baseball cap. Finally, the CRI stated that Cook was driving a blue Lincoln with Minnesota license plate number 134PXH.

Within one hour, at approximately 11:30 a.m., Doran and other officers arrived at the YMCA. They saw a blue Lincoln with Minnesota license plate 134PXH parked in the lot. At approximately noon, the officers saw a man leave the YMCA. The man matched Cook’s description as given by the CRI. The officers observed the man get into the driver’s side of the blue Lincoln.

The officers approached the vehicle and placed the man under arrest. During a search, the officers found 7.2 grams of crack cocaine in the waistband of the man’s pants and $1,186 in cash in his pockets. Cook was charged with a controlled substance crime in the second degree in violation of Minn.Stat. § 152.022, subd. 2(1) (1998) (“unlawfully possesses one or more mixtures of a total weight of six grams or more containing cocaine”).

At the suppression hearing, Doran claimed that he did not obtain a search warrant prior to arresting Cook because there was insufficient time. Doran acknowledged that the CRI never indicated that he saw Cook selling drugs. Nor is there any evidence that the CRI ever claimed he had personally purchased drugs from Cook.

ISSUE

Did the district court err in concluding that police lacked probable cause to arrest Cook and in suppressing the evidence seized pursuant to Cook’s warrantless arrest?

ANALYSIS

To prevail on appeal from a pretrial suppression order, the state must establish that the district court’s ruling constitutes clear error and that the ruling will have a critical impact on the state’s ability to prosecute the defendant. State v. Scott, 584 N.W.2d 412, 416 (Minn.1998). The district court’s ruling in this case undeni[667]*667ably has a critical impact because suppression of the evidence renders prosecution of Cook impossible. In addition, because the facts of this case are largely undisputed, the district court’s ruling presents a question of law, which this court may independently review. State v. Othoudt, 482 N.W.2d 218, 221 (Minn.1992).

Police may. arrest a felony suspect without a warrant in any public place1 provided they have probable cause. State v. Walker, 584 N.W.2d 763, 766 (Minn.1998). If an arrest is valid, police may conduct a warrantless search of the suspect as an incident to the arrest without additional justification. Id

In a close case, the lack of a warrant may weigh against a finding of probable cause. Id. at 769. Police are encouraged to obtain a warrant issued by a detached judge who can independently evaluate the facts to determine .if they support a probable cause finding. Id. When determining the legality of a war-rantless arrest, we look to the information that police took into consideration when making the arrest, not what they uncovered thereafter. Id The information must allow an independent determination of probable cause and not a mere ratification of the bare conclusions of others. State v. Doyle, 336 N.W.2d 247, 249-50 n. 1 (Minn. 1983).

Probable cause for arrest exists where the facts would lead a person of ordinary care and prudence to entertain an honest and strong suspieioii that the person under consideration is guilty of a crime. Each ease must be determined on its own facts and circumstances, and the facts must justify more than mere suspicion but less than a conviction. ••

State v. Carlson, 267 N.W.2d 170, 173-74 (Minn.1978); see also State v. Riley, 568 N.W.2d 518, 523 (Minn.1997) (“[T]he police must show that they ‘reasonably could have believed that a crime has been committed by the person to be arrested.’ ”). The lawfulness of an arrest is determined by an objective standard that takes into account the totality of the circumstances. State v. Perkins, 582 N.W.2d 876, 878 (Minn.1998); Riley, 568 N.W.2d at 523.

When police rely on information provided by an informant, “all of the stated facts relating to the informer should be considered' in making a totality-of-the-circumstances analysis.” State v. McCloskey, 453 N.W.2d 700, 703 (Minn.1990). Police may rely on an informant’s tip if the tip has sufficient indicia of reliability. In re Welfare of G.M., 560 N.W.2d 687, 691 (Minn.1997). When assessing reliability, courts examine the credibility of the informant and the basis of the informant’s knowledge in light of all the circumstances. Id.

The informant in this case was undeniably credible. He was a well-known, paid informant who had been providing police with information that had led to at least 12 convictions and who had never, to Doran’s knowledge, provided false information. See State v.

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Bluebook (online)
610 N.W.2d 664, 2000 Minn. App. LEXIS 401, 2000 WL 463003, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-cook-minnctapp-2000.