State v. Sorenson

441 N.W.2d 455, 1989 Minn. LEXIS 139, 1989 WL 56572
CourtSupreme Court of Minnesota
DecidedJune 2, 1989
DocketC9-88-225
StatusPublished
Cited by88 cases

This text of 441 N.W.2d 455 (State v. Sorenson) 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. Sorenson, 441 N.W.2d 455, 1989 Minn. LEXIS 139, 1989 WL 56572 (Mich. 1989).

Opinions

YETKA, Justice.

Appellant, Cal S. Sorenson, appeals his conviction by the Kittson County District Court for transporting a loaded, uncased firearm in a motor vehicle in violation of Minn.Stat. § 97B.045(1) (1988). The court of appeals affirmed the conviction. We also affirm.

On November 9, 1987, during deer hunting season, State Conservation Officer Brian Buria drove to appellant’s hunting camp located in Caribou Township in Kittson County. Even though he had never seen hunters on appellant’s land before, he assumed that it was a hunting camp because of a recent increase in traffic in the area and because it did not appear to be a “year around type home.”

A gate blocked the road leading to appellant’s camp and “No Trespassing” signs were posted at the entrance. Officer Buria opened the gate and drove into the yard of the camp where he saw a deer hanging from a meat pole and several vehicles parked nearby. He verified that the deer was legally tagged and also observed that a deer stand overlooking a nearby field appeared to be higher than the legal limit of 9 feet. He drove about 200 yards into the field, away from the camp, left his truck and was walking when he heard appellant’s vehicle approach. Officer Buria motioned for appellant to stop, informed him that he was a state conservation officer and asked to check his license. At that time, Officer Buria saw a loaded, uncased firearm on the front seat of appellant’s pick-up and later issued him a citation for violating Minn.Stat. § 97B.045(1) (1988).

The issues raised on appeal are:

I. Did Officer Buria’s warrantless entry onto appellant’s land violate appellant’s rights under either the United States or Minnesota Constitution?
II. Did Officer Buria have sufficient ar-ticulable suspicion to stop appellant’s vehicle?
III. Does Minn.Stat. § 97A.205(2) permit state conservation officers to make warrantless entries onto private land without probable cause?

I.

Appellant alleges that the warrantless entry onto his land was an unreasonable search under both the fourth amendment of the United States Constitution and arti-[457]*457ele I, section 10 of the Minnesota Constitution.

The initial inquiry in every search-and-seizure analysis is whether the defendant has standing to object to the search or seizure. Such standing exists only if the person protesting the search has a justifiable or reasonable expectation of privacy in the area searched or the item seized. State v. Oquist, 327 N.W.2d 587, 589 (Minn.1982); Katz v. United States, 389 U.S. 347, 353, 88 S.Ct. 507, 512, 19 L.Ed.2d 576 (1967).

The court of appeals held that appellant did not have standing to object to the war-rantless entry onto his land because Officer Buria’s activities took place in “open fields” and the special protections of the fourth amendment do not extend to open fields. State v. Sorenson, 430 N.W.2d 231, 233 (Minn.App.1988). See Hester v. United States, 265 U.S. 57, 59, 44 S.Ct. 445, 446, 68 L.Ed. 898 (1924) (special protection accorded by the fourth amendment to people in their “persons, houses, papers and effects” does not extend to open fields).

Appellant advances several arguments in response to the court of appeals’ determination that he did not have standing. He first argues that article I, section 10 of the Minnesota Constitution1 mandates greater protection from unreasonable government intrusion than that offered by the majority in Oliver v. United States, 466 U.S. 170, 104 S.Ct. 1735, 80 L.Ed.2d 214 (1984), and urges the court to adopt the rule set out by the Oliver dissent. In Oliver, the majority of the United States Supreme Court held that private lands may be considered open fields even when steps have been taken to bar the public, such as erecting a fence and posting “No Trespassing” signs. 466 U.S. at 179, 104 S.Ct. at 1741. In a lengthy dissent, Justice Marshall criticized this holding and suggested that a better rule would be that private land sufficiently marked to render entry thereon a criminal trespass should be protected by the fourth amendment’s prohibition against unreasonable searches and seizures. 466 U.S. at 195-96, 104 S.Ct. at 1750. (Marshall, J., dissenting).

At least one commentator agrees with appellant’s position that the dissent’s view is the better rule. See 1 W. LaFave, Search and Seizure § 2.4(a), at 427-28 (2d ed. 1987). While this court may interpret a provision of the Minnesota Constitution more stringently than an identical provision of the federal Constitution, it will not do so lightly. State v. Hamm, 423 N.W.2d 379, 382 (Minn.1988); State v. Gray, 413 N.W.2d 107, 111 (Minn.1987).

The court of appeals refused to consider the applicability of the Minnesota Constitution because it was not argued at the trial court level. Sorenson, 430 N.W.2d at 234. Usually, we will not decide issues which are not first addressed by the trial court and are raised for the first time on appeal even if the issues involve constitutional questions regarding criminal procedure. State v. Kremer, 307 Minn. 309, 312-13, 239 N.W.2d 476, 478 (1976); State v. Merrill, 274 N.W.2d 99, 109 (Minn.1978). We may, however, at our discretion, decide to hear such issues when the interests of justice require their consideration and addressing them would not work an unfair surprise on a party. See, e.g., Tischendorf v. Tischendorf, 321 N.W.2d 405, 410 (Minn.1982), cert. denied, 460 U.S. 1037, 103 S.Ct. 1426, 75 L.Ed.2d 787 (1983); Specialized Tours, Inc. v. Hagen, 392 N.W.2d 520, 536 n. 15 (Minn.1986).

We decline to apply the Minnesota Constitution in this case because the question of its applicability was neither adequately briefed nor litigated. Accordingly, we decide this case solely on the basis of the federal constitutional issues raised by appellant.

Appellant first argues that Oliver v. United States does not apply in this case [458]*458because, in the cases discussed in Oliver, the police had probable cause to believe that illegal activity was taking place on the land before making their warrantless entry. Here, the court of appeals found that Officer Buria lacked probable cause to believe that any game law violation had occurred. Sorenson, 430 N.W.2d at 233.

Appellant's reliance on the existence of probable cause is incorrect. If police or other law enforcement officers enter land which is found to be an open field, then the existence of probable cause is irrelevant and unnecessary. State v. Nolan,

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Bluebook (online)
441 N.W.2d 455, 1989 Minn. LEXIS 139, 1989 WL 56572, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-sorenson-minn-1989.