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State v. Dineen

Supreme Court of Minnesota
Aug 12, 1980
296 N.W.2d 421 (Minn. 1980)

Summary

holding that "furtive movement, reaching into the back seat," and the defendant's refusal to comply with the officer's request to remove a coat from the back seat were insufficient to sustain probable cause to search a vehicle

Summary of this case from State v. Nehring

Opinion

No. 51372.

August 12, 1980.

Appeal from the District Court, Swift County, DePaul D. Willette, J.

Warren Spannaus, Atty. Gen., St. Paul, John Riches, County Atty., Benson, for appellant.

Barnard Hilleren Spates and Steven Steinle, Benson, for respondent.

Considered and decided by the court en banc without oral argument.


This is a pretrial criminal appeal by the state, pursuant to R. 29.03, R.Crim.P., from an order of the district court which suppressed evidence on Fourth Amendment grounds and dismissed three of four counts pending against defendant. We affirm.

On February 1, 1980, a Benson police officer approached a motor vehicle owned by defendant and in which defendant was a passenger for the purpose of warning the defendant about being illegally double-parked. The car's engine was running, the car was in the proper driving lane and was waiting at the intersection; it was not blocking traffic but defendant was talking through the window to a pedestrian he knew. As the officer approached, the driver of the vehicle drove the car into the intersection and turned left. About this time the officer claims he saw defendant make a furtive movement, reaching into the back seat. Defendant denies this. The trial court never resolved this factual dispute. In any event, the officer turned on his lights and stopped the car. While talking to the driver and defendant, the officer saw in open view in the back seat a coat, which he asked or told defendant to remove. Defendant refused. The officer persisted in asking defendant to remove it and defendant persisted in refusing to do so. Finally, a struggle ensued, which led to defendant's fleeing the car. The officer then searched the car and found that the jacket covered a grocery bag containing plastic bags containing marijuana.

The trial court, rejecting a claim by the state that the doctrine of abandonment applied, suppressed the evidence. Now on appeal, the state contends that the motor vehicle exception to the search warrant requirement applies.

Even if there was abandonment, the abandonment doctrine would not apply because in our opinion the officer did not have probable cause to search and his persistence in trying to get defendant to remove the coat amounted to improper coercion which not only would have rendered any consent involuntary but also rather clearly prompted the defendant's flight or abandonment. State v. Slifka, 256 N.W.2d 90 (Minn. 1977); City of St. Paul v. Vaughn, 306 Minn. 337, 237 N.W.2d 365 (1975).

Although the trial court did not resolve the factual dispute concerning the alleged furtive gesture, we conclude that even if the officer did observe defendant make the furtive gesture, that fact and the other fact testified to by the officer did not amount to probable cause.

Affirmed.


Summaries of

State v. Dineen

Supreme Court of Minnesota
Aug 12, 1980
296 N.W.2d 421 (Minn. 1980)

holding that "furtive movement, reaching into the back seat," and the defendant's refusal to comply with the officer's request to remove a coat from the back seat were insufficient to sustain probable cause to search a vehicle

Summary of this case from State v. Nehring

holding that when an officer conducting a traffic stop demanded that a passenger move a coat that was covering an object in the back seat, and the passenger responded by fleeing the scene, marijuana discovered in a subsequent search should have been suppressed because the officer did not have probable cause to conduct a search

Summary of this case from State v. Beverly

holding that driver reaching into backseat of his car did not amount to probable cause

Summary of this case from State v. Helberg

holding that contraband left in car when individual fled was properly suppressed because officer lacked probable cause to search

Summary of this case from State v. Bergerson

finding where officer did not have probable cause to search defendant, contraband abandoned in defendant's car as a result of the search was properly suppressed

Summary of this case from State v. Bradley

concluding that contraband abandoned in the defendant's car was properly suppressed when the officer lacked probable cause to search the defendant

Summary of this case from State v. Stockard

affirming suppression of drugs where abandonment was prompted by threat of search by officer who did not have probable cause to search

Summary of this case from State v. Sanders
Case details for

State v. Dineen

Case Details

Full title:STATE of Minnesota, Appellant, v. Mark Edward DINEEN, Respondent

Court:Supreme Court of Minnesota

Date published: Aug 12, 1980

Citations

296 N.W.2d 421 (Minn. 1980)

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