State v. Payne

403 N.W.2d 273
CourtCourt of Appeals of Minnesota
DecidedApril 29, 1987
DocketC1-86-2093
StatusPublished
Cited by3 cases

This text of 403 N.W.2d 273 (State v. Payne) 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. Payne, 403 N.W.2d 273 (Mich. Ct. App. 1987).

Opinions

[274]*274OPINION

HUSPENI, Judge.

This is a pretrial appeal by the State from an order suppressing evidence as unconstitutionally obtained. We affirm.

FACTS

The State alleges that in the early morning hours of May 4, 1986, Sergeant Roger Waller of the Duluth Police Department responded to a report of a possible house prowler. The description given was that of a man possibly wearing dark pants or dark sweatpants. Shortly thereafter, he saw three men entering a parked car within 2½ blocks of the location of the reported crime. Sergeant Waller was suspicious because the three wore dark clothing and were in a high crime, area where a prowler had been reported.

Sergeant Waller approached the vehicle and obtained identification from the three occupants. Bret Fritz was in the driver’s seat, Anthony Schnorr occupied the front passenger seat, and James Payne was in the rear seat. Sergeant Waller radioed the information to the police communications center.

After reviewing the identification, which appeared to be in order, Sergeant Waller decided to question each person separately. He ordered Fritz to step out. As Fritz got out, Officer Champion came around the corner with a police dog who was following a track from the house where the prowler had been reported. The dog went to the location where Waller had first observed Fritz, Payne and Schnorr.

Sergeant Waller frisked Fritz for weapons and located an empty film canister, apparently containing the residue of marijuana. Waller asked Fritz what he had been doing and Fritz said that all three men had returned from the Twin Cities only five to ten minutes before. Sergeant Waller became more suspicious and ordered Payne out and frisked him for weapons. During the frisk, marijuana and a pistol were found. Following a search of Payne at the police department, valium and percodan were found in his pants pocket. Cocaine was also found in one of his pockets.

About the time Payne was initially being frisked, Officers Hartley and Kovanen arrived. Officer Waller told them he had located a gun on Payne and that another suspect in the car had not been checked. Officer Hartley approached the car and observed Schnorr lean forward as if to place something on the floor. Schnorr was asked to get out and was frisked. The car was searched, and cocaine and other controlled substances were found.

Payne and Schnorr were charged with several possession offenses. Following a joint omnibus hearing, the trial court ruled that the initial stop of the three men was valid but that the subsequent frisk for weapons was impermissible. The trial court suppressed all the controlled substances found on Payne and the pistol. The court also suppressed any statements by Payne during or following the search of his person. The court allowed Payne to stand trial on charges of possession of cocaine found within the car. The State appealed.

ISSUE

Did the trial court clearly err in ruling that the police officer made an unconstitutional frisk for weapons?

ANALYSIS

In a pretrial appeal, we will reverse the determination of the trial court only if the State demonstrates clearly and unequivocally, first, that the trial court erred in its judgment, and second, that unless reversed, the error will have a critical impact on the outcome of the trial. State v. Kim, 398 N.W.2d 544, 547 (Minn.1987); State v. Webber, 262 N.W.2d 157, 159 (Minn.1977).

Critical impact exists when the suppression order seriously impedes continuation of the prosecution. Kim, 398 N.W.2d at 551. We have no doubt that this prong has been met with regard to Payne because [275]*275the order does seriously impede continuation of prosecution for most of the charges. Thus, the issue is whether the court clearly erred in its ruling.

Payne concedes that the initial stop was justified based on the men's quick movements to their car, their proximity to the crime scene, the darkness of their clothes and that they were in a high crime area. Officer Waller demanded and the three men produced identification. This clearly was proper in the course of a lawful investigatory stop, where interrogation may include a request for identification. United States v. Hensley, 469 U.S. 221, 105 S.Ct. 675, 680, 83 L.Ed.2d 604 (1985). The registration check revealed the driver, Fritz, was the owner of the vehicle.

The omnibus court determined that Sergeant Waller had no cause or reason to detain or frisk any of the men following their identification clearance. The court concluded that the suspects should have been released once their identification had been established.

The trial court’s ruling was partly in error. In State v. Ferrise, 269 N.W.2d 888 (Minn.1978) the Minnesota Supreme Court held that where a police officer wanted to see if a passenger of a lawfully stopped car could aid in accurately identifying the driver and the officer opened the car door, the intrusion into the passenger’s privacy was minimal, reasonable and proper. In the course of its opinion the court discussed the United States Supreme Court case of Pennsylvania v. Mimms, 434 U.S. 106, 98 S.Ct. 330, 54 L.Ed.2d 331 (1977):

In that case, the United States Supreme Court was presented with the issue of the permissibility under the Fourth Amendment of a police practice of routinely ordering drivers out of automobiles lawfully stopped for minor traffic violations. In upholding the practice against the Fourth Amendment challenge, the court followed the now familiar balancing approach for determining the reasonableness of the police action. The proffered justification for the police practice of ordering lawfully stopped drivers to get out of their cars was that “[establishing a face-to-face confrontation diminishes the possibility, otherwise substantial, that the driver can make unobserved movements; this, in turn, reduces the likelihood that the officer will be the victim of an assault.” 434 U.S. 110, 98 S.Ct. 333, 54 L.Ed.2d 336. Terming this justification "both legitimate and weighty,” the court balanced it against “the intrusion into the driver’s personal liberty occasioned not by the initial stop of the vehicle, which was admittedly justified, but by the order to get out of the car.” 434 U.S. 111, 98 S.Ct. 333, 54 L.Ed.2d 337. The court characterized this additional intrusion as being “de minimus.”

Ferrise, 269 N.W.2d at 890 (footnote omitted).

In State v. Gilchrist, 299 N.W.2d 913 (Minn.1980), the court discussed the lawfulness of a stop and frisk for weapons. The court noted, “When the stop is of an automobile, it is proper for the officer for his safety to require occupants of the automobile to get out.” Id. at 916. (Emphasis added.) See also State v. Pleas, 329 N.W.2d 329 (Minn.1983); State v. Willis, 320 N.W.2d 726 (Minn.1982).

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Related

State v. Payne
406 N.W.2d 511 (Supreme Court of Minnesota, 1987)
State v. Payne
403 N.W.2d 273 (Court of Appeals of Minnesota, 1987)
State v. Schnorr
403 N.W.2d 719 (Court of Appeals of Minnesota, 1987)

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