State v. Martin

595 N.W.2d 214, 1999 WL 366570
CourtCourt of Appeals of Minnesota
DecidedJune 8, 1999
DocketC6-99-145
StatusPublished
Cited by4 cases

This text of 595 N.W.2d 214 (State v. Martin) 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. Martin, 595 N.W.2d 214, 1999 WL 366570 (Mich. Ct. App. 1999).

Opinion

595 N.W.2d 214 (1999)

STATE of Minnesota, Respondent,
v.
Quincy Jeffrey MARTIN, Appellant.

No. C6-99-145.

Court of Appeals of Minnesota.

June 8, 1999.
Review Denied August 25, 1999.

*215 Mike Hatch, Attorney General, St. Paul and Amy Klobuchar, Hennepin County Attorney, Linda M. Freyer, Assistant County Attorney, Minneapolis, for respondent.

John M. Stuart, State Public Defender, Steven P. Russett, Assistant Public Defender, Minneapolis, for appellant.

Considered and decided by HALBROOKS, Presiding Judge, DAVIES, Judge, and PETERSON, Judge.

OPINION

PETERSON, Judge.

In this appeal from an order revoking his probation, appellant Quincy Jeffrey Martin argues that the district court erred by admitting evidence obtained during an illegal search. We affirm.

FACTS

Martin pleaded guilty to third-degree possession of a controlled substance. He was sentenced to 34 months in prison, but execution of the sentence was stayed, and Martin was placed on probation for three years. A condition of his probation was that he not possess any nonprescription drug.

A year later, Martin was arrested for careless driving. During a search incident to the arrest, police found crack cocaine in Martin's pocket, and he was charged with fifth-degree possession of a controlled substance. Martin moved to suppress the cocaine. He contended that his arrest was illegal because careless driving is a misdemeanor offense, and the police should have *216 issued him a citation rather than arresting him. Minn. R.Crim. P. 6.01, subd. 1(1)(a), requires an officer to issue a citation for a misdemeanor offense unless it reasonably appears to the officer that (1) an arrest or detention is necessary to prevent bodily harm or further criminal activity, or (2) there is a substantial likelihood that the accused will fail to respond to the citation. The district court concluded that because neither of these conditions was present when Martin was arrested, the arrest was illegal. Because the arrest was illegal, the court suppressed the cocaine and dismissed the fifth-degree possession charge.

This appeal is from a later probation revocation proceeding, at which the district court determined that even though the cocaine had been suppressed in the criminal proceeding, it was admissible in the probation revocation proceeding to prove that Martin violated a condition of his probation. Following a contested hearing, the court found that Martin violated his probation by possessing cocaine. The court revoked Martin's probation and committed him to 34 months in prison.

ISSUE

Was the cocaine inadmissible in Martin's probation revocation proceeding because it was obtained during an illegal search?

ANALYSIS

The United States Supreme Court recently held in Pennsylvania Bd. of Probation & Parole v. Scott, 524 U.S. 357, 118 S.Ct. 2014, 141 L.Ed.2d 344 (1998), that the Fourth Amendment exclusionary rule, which generally excludes from criminal trials evidence obtained in violation of a defendant's Fourth Amendment rights, does not apply in parole revocation hearings. In Scott, the court explained that

the State's use of evidence obtained in violation of the Fourth Amendment does not itself violate the Constitution. Rather, a Fourth Amendment violation is fully accomplished by the illegal search or seizure, and no exclusion of evidence from a judicial or administrative proceeding can cure the invasion of the defendant's rights which he has already suffered. The exclusionary rule is instead a judicially created means of deterring illegal searches and seizures. As such, the rule does not proscribe the introduction of illegally seized evidence in all proceedings or against all persons, but applies only in contexts where its remedial objectives are thought most efficaciously served. Moreover, because the rule is prudential rather than constitutionally mandated, we have held it to be applicable only where its deterrence benefits outweigh its substantial social costs.

Scott, 118 S.Ct. at 2019 (citations & quotations omitted).

The court went on to compare the costs of excluding reliable, probative evidence in parole revocation proceedings to the deterrence benefits to be gained from exclusion and concluded:

A federal requirement that parole boards apply the exclusionary rule, which is itself a "grudgingly taken medicant," would severely disrupt the traditionally informal, administrative process of parole revocation. The marginal deterrence of unreasonable searches and seizures is insufficient to justify such an intrusion. We therefore hold that parole boards are not required by federal law to exclude evidence obtained in violation of the Fourth Amendment.

Id. at 2022 (quoting United States v. Janis, 428 U.S. 433, 96 S.Ct. 3021, 3032, n. 29, 49 L.Ed.2d 1046 (1976)).

Although Scott applies expressly to state parole revocation hearings, there is in this regard no material distinction between the probation and parole systems. State v. Earnest, 293 N.W.2d 365, 368 n. 2 (1980); see also Gagnon v. Scarpelli, 411 U.S. 778, 782 n. 3, 93 S.Ct. 1756, 1759 n. 3, 36 L.Ed.2d 656 (1973) (despite minor differences, probation revocation is constitutionally indistinguishable from parole revocation). *217 Therefore, we see no reason why the reasoning in Scott should not also apply to state probation revocation hearings. But Martin contends that even if Scott were extended to state probation revocation hearings, and federal law did not require state courts in those hearings to exclude evidence obtained in violation of the Fourth Amendment, the illegally obtained evidence should be excluded under Article I, Section 10, of the Minnesota Constitution.

Minnesota may afford greater protection under its state constitution than is required by the federal constitution. State v. Gray, 413 N.W.2d 107, 111 (Minn.1987). The separate state constitution will be of little value if a reviewing court automatically follows a United States Supreme Court decision interpreting a provision in the federal constitution that is identical with a provision in the state constitution. State v. Hamm, 423 N.W.2d 379, 382 (Minn.1988). But a reviewing court should not "cavalierly construe [the state] constitution more expansively than the United States Supreme Court has construed the federal constitution." Gray, 413 N.W.2d at 111. Minnesota courts will not apply more stringent state standards, absent a compelling reason to do so. Federal Distillers, Inc. v. State, 304 Minn. 28, 40, 229 N.W.2d 144, 155 (1975).

The text of Article I, Section 10, of the Minnesota Constitution is substantively identical with the text of the Fourth Amendment to the United States Constitution; the only differences between the two provisions are stylistic. Compare Minn. Const. art. I, § 10 with U.S. Const. amend. IV.

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Bluebook (online)
595 N.W.2d 214, 1999 WL 366570, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-martin-minnctapp-1999.