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State v. Malik

Supreme Court of Minnesota
Sep 19, 1996
552 N.W.2d 730 (Minn. 1996)

Summary

In Malik, the supreme court held that an investigatory stop became the functional equivalent of a custodial arrest when police patted down the suspect's clothing, locked him in a squad car, and asked him about drugs and alcohol in his car.

Summary of this case from State v. Waltz

Opinion

No. C2-96-306.

September 19, 1996.

Appeal from the District Court.


ORDER

Based upon all the files, records and proceedings herein,

IT IS HEREBY ORDERED (1) that the petition of Jamison Blake Malik for further review of the unpublished decision of the Court of Appeals filed June 18, 1996 be, and the same is, granted and (2) that the decision of the court of appeals reversing the pretrial order of the district court suppressing statements made by petitioner while seated in a squad car be, and the same is, reversed. The court of appeals disagreed with the trial court and concluded that petitioner was not in custody when he was questioned in the squad car before the trooper had searched the car and discovered marijuana. The court reasoned that "Malik was subject to only a routine traffic stop when he admitted there was marijuana in the car." Relevant cases include State v. Rosse, 478 N.W.2d 482 (Minn. 1991), and State v. Herem, 384 N.W.2d 880 (Minn. 1986). It is true that the stop started out as a routine traffic stop. However, once petitioner was patted down and placed in the squad car, he knew that the trooper knew that he had been driving after revocation. He also knew that the trooper was going to impound the car and search it. Moreover, the trooper did not tell him that he would be free to leave after he answered questions. We believe that the facts and circumstances were such that a reasonable person in petitioner's situation would believe that he was in custody and was being restrained to a degree associated with a formal arrest. A person in petitioner's position would reasonably conclude that since the officer had probable cause to arrest him for speeding and driving after revocation, since the officer had patted him down and placed him in the locked back seat of the squad car, and since the officer told him he was going to impound the car and tow it, he must be "under arrest." Accordingly, we reverse the decision of the court of appeals and remand the case to the district court.

Reversed and remanded to the district court.


Summaries of

State v. Malik

Supreme Court of Minnesota
Sep 19, 1996
552 N.W.2d 730 (Minn. 1996)

In Malik, the supreme court held that an investigatory stop became the functional equivalent of a custodial arrest when police patted down the suspect's clothing, locked him in a squad car, and asked him about drugs and alcohol in his car.

Summary of this case from State v. Waltz

questioning after placement in a police car was custodial where police had knowledge of inculpatory acts, police were going to conduct a search, and no one informed defendant he was free to leave

Summary of this case from Wexler v. State

questioning after placement in a police car was custodial where police had knowledge of inculpatory acts, police were going to conduct a search, and no one informed defendant he was free to leave

Summary of this case from Wexler v. State

In Malik, the defendant was suspected of speeding and driving after revocation, giving the officer probable cause to arrest him.

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

State v. Malik

Case Details

Full title:STATE of Minnesota, Appellant, v. Jamison Blake MALIK, Respondent

Court:Supreme Court of Minnesota

Date published: Sep 19, 1996

Citations

552 N.W.2d 730 (Minn. 1996)

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