State v. Hollins

789 N.W.2d 244, 2010 Minn. App. LEXIS 149, 2010 WL 3853358
Court of Appeals of Minnesota·Decided October 5, 2010·No. No. A09-1865·Published·Cited by 1 cases

Opinion

OPINION

STAUBER, Judge.

On appeal from his conviction of felon in possession of a firearm, appellant argues that (1) the district court erred by denying his motion to suppress evidence of his identity that was discovered during a limited search of appellant and (2) the district court abused its discretion by allowing into evidence a gun, round, and magazine that could not be directly linked to him. We affirm.

FACTS

On the evening of January 16, 2009, appellant arrived at a nightclub in downtown Minneapolis. There was live music at the club, and prior to admittance, all patrons proceeded through a metal detector and were pat-searched for weapons by club security. Nathan Enget, one of the club’s security guards, cheeked more than 800 people that evening. Upon entering the club, appellant set off the metal detector. Enget then pat-searched appellant and discovered a loaded handgun in the waistband of appellant’s pants, at which point appellant stated, “[m]y bad, I forgot, I can take it back to my car.” Enget called out to his supervisor, Reginald Prince, stating, “hey, he [sic] got a gun.” Enget handed the gun to Prince who told Enget to allow appellant into the club because he did not want appellant to get angry and leave, believing it was the best way to control the situation. Prince then “took the magazine out [of the gun] and realized the handle was cocked ... and removed a live cartridge inside.”

Prince told his supervisor, John Barlow, what had occurred and Barlow summoned the assistance of two Minneapolis police officers who were working a security detail that evening for an association of bars and restaurants in the warehouse district. Prince gave the gun, magazine, and round to the police who then secured it in the trunk of their squad car. Two club bouncers were instructed to locate appellant inside the club and bring him outside to the officers. The police officers testified that it was very cold, there was a large crowd outside the nightclub, and they did not know whether any of appellant’s associates was in this group of people. The officers testified that in order to minimize any potential danger to themselves or others, they decided to handcuff appellant and put him in their squad car for questioning. The police then asked appellant for his name. When appellant would not reply, one of the officers took appellant’s wallet out of his pocket to obtain his identification. The officers entered his name into the squad-car computer and determined that appellant was ineligible to possess a firearm because “he had prior convictions for felon in possession of a handgun” and that “he was also a registered gang member.” The officers then placed appellant under arrest for felon in possession of a firearm in violation of Minn.Stat. § 624.713, subd. 1(2) (2008).

Appellant moved to suppress the police officers’ discovery of his identity as the fruit of an unlawful search. Following an omnibus hearing, the district court denied the motion. The parties stipulated to appellant’s status as a felon and the jury was informed that appellant is prohibited from possessing a firearm pursuant to Minnesota law. The jury found appellant guilty of violating Minn.Stat. § 624.713 (2008), as a person prohibited from possessing a firearm. This appeal followed.

[248] ISSUES

I. Did the district court err by denying appellant’s motion to suppress identity evidence discovered during the limited search?

II. Did the district court abuse its discretion by admitting into evidence the gun, round, and magazine?

ANALYSIS

I.

“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). The district court’s findings of fact are reviewed for clear error. State v. Lee, 585 N.W.2d 378, 383 (Minn.1998).

The United States and Minnesota Constitutions guarantee individuals the right to be free from unreasonable searches and seizures. U.S. Const, amend. IV; Minn. Const, art. I, § 10. But “an officer may, consistent with the Fourth Amendment, conduct a brief, investigatory stop when the officer has a reasonable, articulable suspicion [of] criminal activity.” Illinois v. Wardlow, 528 U.S. 119, 123, 120 S.Ct. 673, 675, 145 L.Ed.2d 570 (2000) (citing Terry v. Ohio, 392 U.S. 1, 30, 88 S.Ct. 1868, 1880, 20 L.Ed.2d 889 (1968)); State v. Waddell, 655 N.W.2d 803, 809 (Minn.2003). “Reasonable suspicion must be based on specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant that intrusion.” State v. Davis, 732 N.W.2d 173, 182 (Minn.2007) (quotation omitted). The Minnesota Supreme Court has recognized that “the reasonable suspicion standard is not high.” State v. Timberlake, 744 N.W.2d 390, 393 (Minn.2008) (quotation omitted). A police officer may make his decision based on the circumstances as a whole and may make inferences and deductions that may not be obvious to an untrained person. Harris, 590 N.W.2d at 99. However, the officer must “be able to articulate something more than an inchoate and unparticularized suspicion or hunch.” State v. Martinson, 581 N.W.2d 846, 850 (Minn.1998) (quotations omitted). Reviewing courts consider the totality of the circumstances in determining whether the police had justification for a Terry stop. State v. Britton, 604 N.W.2d 84, 87 (Minn.2000).

Appellant argues that the search of his pockets and wallet was unjustified and unconstitutional and that the search did not fit into any of the recognized exceptions to the rule against warrantless searches as it was not a protective pat-search, nor a search incident to a lawful arrest. Although appellant accepts the premise that the police called to the scene had the requisite reasonable suspicion to conduct a Terry stop, he argues that the investigatory stop was limited to only a search for weapons. Thus, appellant contends that the district court erred by denying his motion to suppress evidence of his identity as the fruit of an unlawful search.

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State v. Hollins, 789 N.W.2d 244, 2010 Minn. App. LEXIS 149, 2010 WL 3853358 (Mich. Ct. App. 2010).

789 N.W.2d 244 (State v. Hollins) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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