State v. Doren

654 N.W.2d 137, 2002 Minn. App. LEXIS 1383, 2002 WL 31819098
CourtCourt of Appeals of Minnesota
DecidedDecember 17, 2002
DocketC6-02-58
StatusPublished
Cited by6 cases

This text of 654 N.W.2d 137 (State v. Doren) 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. Doren, 654 N.W.2d 137, 2002 Minn. App. LEXIS 1383, 2002 WL 31819098 (Mich. Ct. App. 2002).

Opinion

OPINION

GORDON W. SHUMAKER, Judge.

Appellant Elliot Doren contests the district court’s pretrial order denying his motion to suppress evidence discovered during a traffic stop by a police officer while searching Doren, a passenger. Doren contends that the officer improperly extended the duration of the stop, had no basis for conducting two searches, and lacked a valid reason for having Doren sit in the officer’s squad car during a warrants check. Because we conclude that the district court did not err in denying Doren’s suppression motion, we affirm.

FACTS

At about 1:15 in the morning of March 15, 2001, St. Paul police officer Soren Ma-howald watched a car make two turns without signaling. Mahowald stopped the car, approached the driver’s door, and asked the driver, Jason Olson, for his license and proof of insurance. Sitting in the front passenger seat was appellant Elliot Doren.

*140 As Mahowald spoke with Doren, he could smell an odor of burned marijuana coming from inside the car. Mahowald also noticed that Doren’s feet, arms, and hands were moving constantly, that his eyes were darting back and forth, and that he was eating a sandwich faster than Ma-howald had ever seen one eaten before. The officer concluded that Doren’s actions were “above and beyond the normal nervousness” he was accustomed to seeing during police stops.

When Mahowald discovered that Olson’s license had been revoked, that Olson had no proof of insurance, and that the car was registered to a female whose address was in another city, Mahowald arrested Olson and placed him in the squad car. Mahow-ald then requested police backup.

During this time, Doren remained in the car. Mahowald went to the car and asked Doren for identification. After Doren produced identification, the officer asked him to step out of the car. As Doren stepped out of the car, the officer could tell that the burned marijuana odor was coming directly from him. Based on the odor, Doren’s constant movements, and extraordinary nervousness, Mahowald concluded that Doren was under the influence of a controlled substance. When backup-officer Jeffrey Kane arrived, he also concluded that Doren was under the influence, based on Doren’s “rock star behavior” and “he looked whipped out.”

While Doren was standing outside the car, Mahowald asked Mm if he had any outstanding warrants for his arrest. Doren hesitated and then replied, “Ah, no.” Then Mahowald asked him if he had any weapons, and he responded, “God, no.” Mahowald asked Doren if he could pat him down for weapons and Doren consented. Mahowald frisked Doren and found nothing.

Doren’s unusual behavior, the odor of burned marijuana, and his hesitation in answering the warrants question prompted Mahowald to investigate further. In Ma-howald’s police experience, persons who do have outstanding warrants sometimes hesitate before responding to an inquiry about warrants.

Mahowald escorted Doren to Kane’s squad car and told him to sit in the back while he checked for warrants. He told Doren that if there were no warrants, Doren could leave.

As Doren began to enter the squad car, he brushed against Mahowald. The officer felt a hard, bulging object on Doren’s hip. Kane also noticed the bulge. Mahowald asked Doren what the object was but Doren declined to answer. Mahowald testified that when he lifted Doren’s jacket to expose the object he smelled strong odors of both burned and unburned marijuana coming from Doren. The officer saw a black pouch on Doren’s hip and believed it might contain a weapon. When he opened the pouch, Mahowald found drug paraphernalia, marijuana, and a vial of a substance later determined to be methamphetamine. Mahowald arrested Doren.

After the state charged Doren with controlled substance crimes, he moved to suppress the evidence found in the pouch. The district court concluded that the police obtained evidence during a lawful protective search to ensure the officer’s safety. The court denied the motion. Doren appeals.

ISSUES

1. Did the officer impermissibly prolong a traffic stop by asking appellant, a passenger, to get out of the impounded car?

2. Was the officer entitled to ask appellant about weapons and warrants, to frisk *141 the him, and to ask him to sit in the squad car while he checked for warrants?

3. Did the officer improperly search appellant?

ANALYSIS

Doren does not dispute the validity of the stop of the car in which he was riding as a passenger. Rather, he contends that, once the police arrested the driver, the purpose of the stop had ended and that it was improper for the officer to extend the duration of the stop by ordering Doren out of the car, asking him about weapons and warrants, searching him, and requiring him to sit in the squad car.

When reviewing pretrial orders on motions to suppress evidence, we may independently review the facts and determine, as a matter of law, whether the district court erred in suppressing — or not suppressing — the evidence.

State v. Harris, 590 N.W.2d 90, 98 (Minn.1999) (citation omitted). We review the district court’s findings of fact to determine whether they are clearly erroneous. State v. George, 557 N.W.2d 575, 578 (Minn.1997). We defer to the trier of fact on credibility assessments and reverse only if the trier has committed clear error. See State v. Dickerson, 481 N.W.2d 840, 843 (Minn.1992) (trial court’s findings not reversed unless clearly erroneous, and great deference given to court’s determinations regarding credibility of witnesses), aff'd, 508 U.S. 366, 113 S.Ct. 2130, 124 L.Ed.2d 334.

Duration of the Stop

“[T]he detention of [a] person stopped may not continue indefinitely but only as long as reasonably necessary to effectuate the purpose of the stop.” State v. Blacksten, 507 N.W.2d 842, 846 (Minn.1993) (citation omitted). Once the original suspicion that justified the stop has been dispelled, the officer may not continue to detain a person unless there exists additional reasonable suspicion. State v. Lopez, 631 N.W.2d 810, 813-14 (Minn.App.2001), review denied (Minn. Sept. 25, 2001).

Doren argues that the reason for the stop was Olson’s driving conduct and once the officer dealt with that matter, by ultimately arresting Olson, the purpose of the stop had been accomplished and that it was unlawful for the officer to detain Doren. Relying on Maryland v. Wilson, 519 U.S. 408, 411, 117 S.Ct.

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Cite This Page — Counsel Stack

Bluebook (online)
654 N.W.2d 137, 2002 Minn. App. LEXIS 1383, 2002 WL 31819098, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-doren-minnctapp-2002.