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Sazenski v. Commissioner of Public Safety

Minnesota Court of Appeals
Jun 4, 1985
368 N.W.2d 408 (Minn. Ct. App. 1985)

Summary

holding that sufficient objective basis for stop exists when, based on officer's experience estimating traffic speed and pursuit of vehicle, officer believed defendant was speeding

Summary of this case from State v. Branson

Opinion

No. C4-84-2228.

June 4, 1985.

Appeal from the County Court, Dakota County, Gerald W. Kalina, J.

Dennis B. Johnson, Minneapolis, for appellant.

Hubert H. Humphrey, III, Atty. Gen., Mary B. Magnuson, Sp. Asst. Atty. Gen., St. Paul, for respondent.

Considered and decided by POPOVICH, C.J., and WOZNIAK and RANDALL, JJ., with oral argument waived.


SUMMARY OPINION


FACTS

On September 22, 1984 at about 2:20 a.m., Eagan Police Officer Gerald Meszaros was standing near his parked squad car along Highway 55 in Eagan, Minnesota. His attention was drawn by the sound of an approaching vehicle which appeared to be speeding. Meszaros observed a Corvette drive past and he estimated it was traveling between 70 and 80 miles per hour in the posted speed limit zone of 50 miles per hour. Meszaros testified that he had received formal training in the estimation of traffic speed. Meszaros pursued the vehicle for about two to two and one-half miles and stopped the car. Appellant Dennis Sazenski identified himself as the driver and was later arrested for D.W.I. in violation of Minn.Stat. § 169.121 (1984). The trial court sustained the revocation of Sazenski's driver's license, finding that the officer had sufficient cause to stop Sazenski.

DECISION

"The test for determining the legality of a stop of a motor vehicle is whether the police had a particularized and objective basis for suspecting the driver or passenger(s) of criminal activity." State v. L'Italien, 355 N.W.2d 709, 710 (Minn. 1984) (citing United States v. Cortez, 449 U.S. 411, 101 S.Ct. 690, 66 L.Ed.2d 621 (1981)). Here, the record amply supports the trial court's determination that the stop was proper.

Affirmed.


Summaries of

Sazenski v. Commissioner of Public Safety

Minnesota Court of Appeals
Jun 4, 1985
368 N.W.2d 408 (Minn. Ct. App. 1985)

holding that sufficient objective basis for stop exists when, based on officer's experience estimating traffic speed and pursuit of vehicle, officer believed defendant was speeding

Summary of this case from State v. Branson

holding that visual estimation of speed "amply supports the trial court's determination that the stop was proper"

Summary of this case from State v. Johnson

upholding a traffic stop where the officer, who had "formal training in the estimation of traffic speed," estimated that the suspect vehicle was traveling between 70 and 80 miles per hour in a 50-mile-per-hour zone

Summary of this case from State v. Galler

deeming a stop proper where an officer who was formally trained in estimation of traffic speed visually estimated that defendant was travelling 20-30 mph over the speed limit

Summary of this case from U.S. v. Colden

deeming a stop proper where an officer who was formally trained in estimation of traffic speed visually estimated that defendant was travelling 20-30 mph over the speed limit

Summary of this case from United States v. Colden

In Sazenski v. Commissioner of Pub. Safety, 368 N.W.2d 408 (Minn. App. 1985), we noted that the officer "had received formal training in the estimation of traffic speed" and concluded that "the record amply supports the trial court's determination that the stop was proper."

Summary of this case from State v. Miller

In Sazenski v. Comm'r of Pub. Safety, 368 N.W.2d 408, 409 (Minn.App. 1985), we concluded that an officer's visual estimation of speed "amply supports the trial court's determination that the stop was proper."

Summary of this case from Daury v. Commissioner of Public Safety
Case details for

Sazenski v. Commissioner of Public Safety

Case Details

Full title:Dennis Frank SAZENSKI, Appellant, v. COMMISSIONER OF PUBLIC SAFETY…

Court:Minnesota Court of Appeals

Date published: Jun 4, 1985

Citations

368 N.W.2d 408 (Minn. Ct. App. 1985)

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