State v. Tilleskjor

488 N.W.2d 327, 1992 WL 196556
CourtCourt of Appeals of Minnesota
DecidedOctober 20, 1992
DocketC6-92-316
StatusPublished
Cited by2 cases

This text of 488 N.W.2d 327 (State v. Tilleskjor) 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. Tilleskjor, 488 N.W.2d 327, 1992 WL 196556 (Mich. Ct. App. 1992).

Opinions

OPINION

NORTON, Judge.

This appeal is from a pretrial order suppressing an Intoxilyzer test result and dismissing misdemeanor DWI charges.

FACTS

In the early morning of September 10, 1991, Litchfield police officer Dennis Hanson observed respondent Deborah Tillesk-jor’s car exit an apartment complex parking lot in Litchfield. Hanson saw the car “brake suddenly or abruptly” before it entered the street. He continued driving past Tilleskjor’s car; however, when it later turned onto Highway 12, Hanson turned around to follow it.

Hanson testified that Tilleskjor’s “abrupt stop” was not a traffic violation, and she did not skid or squeal her tires. He had not intended to stop the vehicle, but followed only to get the license number as part of a routine practice to permit followup if criminal activity was later discovered in the area.

As Hanson followed Tilleskjor’s car on Highway 12, he saw it weave within its traffic lane. Hanson testified this weaving was “on the edge” of the city limits, about three-tenths of a mile from the intersection where Tilleskjor had turned onto Highway 12. Tilleskjor stated that she was outside the city limits when she noticed a police car behind her. Hanson stopped Tilleskjor’s car and arrested her for driving under the influence of alcohol.

After an evidentiary hearing the trial court granted the defense motion to suppress the Intoxilyzer test and dismiss the prosecution, finding that “Hanson’s observations of weaving within the lane of traffic occurred after the vehicle had exited the city limits.” The court concluded that Hanson did not have a reasonable, articulable suspicion to justify a stop based upon conduct occurring while he was within his jurisdiction. The court also held that the stop was not justified as a citizens’ arrest because Hanson did not observe any traffic violations or driving behavior outside his jurisdiction which were sufficient to create probable cause to believe that a crime had been committed.

ISSUE

Did the trial court err in suppressing Intoxilyzer test results because the stop of appellant’s car was not lawful?

ANALYSIS

In a pretrial appeal the state must show clearly and unequivocally that the trial court erred in its judgment and that the error, unless reversed, will have a critical impact on the outcome of the prosecution. State v. Webber, 262 N.W.2d 157, 159 (Minn.1977). In a case involving fourth amendment suppression issues, this court [329]*329accepts the trial court’s findings of fact unless they are clearly erroneous, but independently applies fourth amendment case law to the facts so found. State v. Storvick, 428 N.W.2d 55, 58 n. 1 (Minn.1988).

The trial court found that the conduct for which Hanson stopped Tilleskjor’s vehicle occurred outside the Litchfield city limits. Tilleskjor testified she was outside the city limits and Hanson admitted he was at least on the edge of and possibly outside the city limits. Therefore, the trial court’s factual finding that the conduct occurred outside the city limits is supported by the testimony, not clearly erroneous, and accepted as fact on appeal.

The trial court found that Tillesk-jor’s “abrupt stop” before entering the street from the parking lot did not create an articulable suspicion justifying a stop. Hanson testified he did not intend to stop the car because of the “abrupt stop.” We recognize that the standard for an investigatory stop is minimal, and that a trained officer may draw inferences which would elude an untrained person. State v. McKinley, 305 Minn. 297, 303, 232 N.W.2d 906, 911 (1975); Engwer v. Commissioner of Pub. Safety, 383 N.W.2d 418, 419 (Minn.App.1986). We cannot, however, draw inferences after-the-fact which the trained officer did not draw on the scene. The record on appeal clearly establishes that the officer did not observe, inside the city, driving behavior creating a reasonable, ar-ticulable suspicion.

The state argues that as a police officer, Hanson was justified in making a stop and arrest under Minn.Stat. § 629.40, subd. 3 (1990). This statute concerns the employment status of police officers, describes certain rights and duties accruing when officers act outside their jurisdictions and provides only that police officers, outside their jurisdictions but acting “in the course and scope of employment,” are “serving in the regular line of duty.” Id. The state cites workers’ compensation and agency law cases interpreting the meaning of “in the course and scope of employment.” This employment statute, however, does not express any legislative intent to extend the authority to make extrajurisdictional arrests. We decline to read this statute in a manner which might limit a citizens’ constitutional right to be free from unreasonable search and seizure.

The state also argues that Hanson had citizens’ arrest powers while outside the city limits of Litchfield, and his stop and subsequent arrest of Tilleskjor were therefore lawful. It is well-settled that police officers, while outside their jurisdictions, retain the power to make citizens’ arrests. State v. Halvorson, 356 N.W.2d 376, 377 (Minn.App.1984). A private citizen may arrest another “for a public offense committed or attempted in the arresting person’s presence.” Minn.Stat. § 629.37(1) (1990). In order to make a citizens’ arrest, a private citizen must have probable cause. Johnson v. State, Dept, of Pub. Safety, 351 N.W.2d 2, 5 (Minn.1984). To have probable cause for driving while intoxicated, the citizen must observe “at least one more or less objective indication of intoxication.” Keane v. Commissioner of Pub. Safety, 360 N.W.2d 357, 359 (Minn.App.1984).

In Halvorson, an officer observed car tracks leading across a field to a car parked in the adjoining jurisdiction. Concerned for the driver’s welfare, the officer went to the car and, while talking with the driver, noted the odor of alcohol and other signs of intoxication. This court upheld that officer’s authority to effect a citizens’ arrest of the driver for DWI. Id. at 377-78. Unlike the instant case, that officer did not stop the vehicle. He observed objective indicia of a traffic violation and approached a stationary vehicle to investigate the welfare of the occupant. Id. at 378. While doing so, he observed at least one more-or-less objective indication of intoxication, and he therefore had probable cause. Although no stop was involved, this court stated:

Where circumstances lead a police officer to suspect something may be wrong with a driver, the officer, acting as a private citizen, is authorized to stop the driver’s vehicle.

[330]*330Id. at 377-78 (citing State v. Schinzing, 342 N.W.2d 105 (Minn.1983)).

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Related

State v. Tilleskjor
491 N.W.2d 893 (Supreme Court of Minnesota, 1992)
State v. Tilleskjor
488 N.W.2d 327 (Court of Appeals of Minnesota, 1992)

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488 N.W.2d 327, 1992 WL 196556, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-tilleskjor-minnctapp-1992.