State v. George

557 N.W.2d 575, 1997 Minn. LEXIS 11, 1997 WL 13232
CourtSupreme Court of Minnesota
DecidedJanuary 16, 1997
DocketCX-94-2638
StatusPublished
Cited by105 cases

This text of 557 N.W.2d 575 (State v. George) is published on Counsel Stack Legal Research, covering Supreme Court 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. George, 557 N.W.2d 575, 1997 Minn. LEXIS 11, 1997 WL 13232 (Mich. 1997).

Opinions

OPINION

GARDEBRING, Justice.

This criminal case raises several issues under the Fourth Amendment to the U.S. Constitution and the comparable provision in the Minnesota Constitution. We are asked to determine whether there was an objective legal basis for the initial traffic stop and whether, assuming the stop was valid, there was consent for the ensuing search. Because we conclude that there was no objective legal basis for the stop and no consent to the search, we reverse the court of appeals and vacate the conviction.

Appellant Thomas Otto George pleaded guilty to illegal possession of a handgun, Minn.Stat. § 624.714 (1994), preserving omnibus issues pursuant to State v. Lothenbach, 296 N.W.2d 854 (Minn.1980). He was fined and placed on two years of unsupervised probation. On appeal, he asserted that evidence seized when he was stopped by a Minnesota state trooper should have been suppressed as the product of an unconsented search during a traffic stop that was itself unconstitutional. The court of appeals ruled that there was a “particularized and objective basis” for making the stop and that the search of George’s motorcycle was made with consent.

The facts are these: Minnesota State Trooper Eric Vaselaar was on routine patrol on Interstate 90 in Nobles County when he noticed George and a passenger riding a motorcycle westbound on the freeway. At the time, there was significant motorcycle traffic on the highway due to the then-upcoming motorcycle rally in Sturgis, South Dakota. According to Trooper Vaselaar’s testimony at the omnibus hearing, he decided to stop George because the motorcycle appeared to have three headlights, a lighting-configuration Vaselaar believed to be in violation of Minnesota law.

After stopping the motorcycle, Vaselaar approached George, advised him that he had been pulled over because of the motorcycle’s lighting configuration, requested George’s driver’s license and asked George to sit in [577]*577the patrol car. Noticing that George had a folding knife attached to his belt, Vaselaar requested him to remove the knife and his jacket and to leave them on the motorcycle. George complied. In the patrol car, Vaselaar asked if George’s license address was current. George informed Vaselaar that he had recently moved and supplied the correct address. Vaselaar issued George a warning-card for not having the correct address on his license and for the motorcycle’s lighting-configuration.

After completing the warning cards, Vasel-aar asked George if he was carrying any weapons, open containers of alcohol, or controlled substances. George replied that he was not. After explaining the warnings, Va-selaar asked George if he “had any objections if [the trooper] wanted to take a couple of moments and take a look through the bike looking for the things [they’d] talked about.” Vaselaar’ testified at the omnibus hearing that George told him he had “no objections.” George testified that he responded “yes,” observing that the search would be “a waste of time” but that Vaselaar stated it was his time and he was “gonna search it anyway.” George testified that Vaselaar did not explain that George had a right not to permit the search. George also said that he did not feel he had consented to Vaselaar’s search of the vehicle.

Trooper Vaselaar asked George to unlock the motorcycle’s saddlebags. George did so and resumed his seat in the car. With the assistance of another trooper, Vaselaar searched George’s jacket. He found a plastic bag containing a box of .22 magnum ammunition. Vaselaar asked where the gun to which the ammunition belonged was located; George responded that he had forgotten about the gun and that it was in his jacket. The troopers recovered a .22 magnum, a Derringer-type revolver, and Vaselaar asked George if he had a permit for the weapon. Upon learning that he did not, Vaselaar arrested George. Searching George incident to the arrest, Vaselaar discovered a flat cigarette case in George’s vest pocket containing three homemade cigarettes, which smelled strongly of marijuana. Vaselaar again asked him if any weapons or controlled substances were on or in the bike. This time George responded that a nine millimeter handgun, ammunition, a pipe, and a film canister containing marijuana were in the bike’s travel pack. Vaselaar retrieved these items. Va-selaar testified that George made no comments or statements regarding the search.

At the omnibus hearing, during which both George and Vaselaar testified, George contested both the stop and the search as unconstitutional and moved to suppress the items seized. George claimed that there was simply no probable cause for the traffic stop because Vaselaar knew the headlight configuration was not illegal and also that Vaselaar’s asserted “objective legal basis” for the stop (suspicion of illegal headlight configuration) was only a pretext for his real intention of obtaining consent to search for evidence of other illegal activity.1 The trial court denied George’s motion. Noting that it was aware that the state patrol had initiated a program targeting motorcycle riders on their way to or from the Sturgis Rally, the trial court said that the stop was “no doubt ⅜ * * a pretext stop in that the officer’s intention was to seek a consensual search of [George’s] motorcycle and belongings.” Nevertheless, relying on [578]*578State v. Everett, 472 N.W.2d 864, 867 (Minn.1991), the trial court concluded that, based upon Yaselaar’s belief that the headlight configuration on George’s motorcycle violated Minn.Stat. § 169.49 (1994), “the stop was valid.” The court also rejected George’s claim that the ensuing search was not consensual.

On appeal, the court of appeals relied upon Berge v. Commissioner of Pub. Safety, 374 N.W.2d 730 (Minn.1985), to conclude that Vaselaar’s stop was valid because his “belief (or ‘suspicion’ or ‘assumption’) that the violation occurred was reasonably inferable from what he did see.” Id. at 733. The court also held that “the trial court did not clearly err in accepting the trooper’s account of the conversation and concluding that George consented to the search.” State v. George, No. CX-94-2638, slip op. at 7, 1995 WL 579253 at *3 (Minn.App. Oct. 3,1995).

In reviewing factual determinations by the trial court bearing on a motion to suppress on Fourth Amendment grounds, we follow the “clearly erroneous” standard. See e.g., State v. Kvam, 336 N.W.2d 525, 528-29 (Minn.1983).

We begin with the question of whether the traffic stop was justified by an objective legal basis. When interpreting the Fourth Amendment, which governs the legality of investigatory stops, the U.S. Supreme Court has stated that such a stop “must be justified by some objective manifestation that the person stopped is, or is about to be, engaged in criminal activity.” United States v. Cortez, 449 U.S. 411, 417, 101 S.Ct. 690, 695, 66 L.Ed.2d 621 (1981). This court, in turn, has held that, to make a lawful traffic stop, a law enforcement officer must have a “particularized and objective basis for suspecting the particular persons stopped of criminal activity.” Berge, 374 N.W.2d at 732 (quoting Cortez, 449 U.S.

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Bluebook (online)
557 N.W.2d 575, 1997 Minn. LEXIS 11, 1997 WL 13232, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-george-minn-1997.