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State v. Schultz

Supreme Court of Minnesota
Nov 3, 1978
271 N.W.2d 836 (Minn. 1978)

Summary

holding that officer, who smelled marijuana emanating from lawfully stopped vehicle, had a right to search passenger compartment for marijuana pursuant to motor vehicle exception

Summary of this case from State v. Schinzing

Opinion

No. 48158.

November 3, 1978.

Appeal from the District Court, Anoka County, John Dablow, J.

Stewart R. Perry, Minneapolis, Guy E. Casey, II, St. Paul, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Robert W. Johnson, County Atty., Edwin Wistrand, Asst. County Atty., Anoka, for respondent.

Considered and decided by the court without oral argument.


Defendant was charged with unlawful possession of an amount of marijuana in excess of 1.5 ounces and, after waiving a jury trial, was found guilty by the trial court on the basis of a stipulation of the facts. Defendant thereafter was sentenced to 3 years in prison but execution of this sentence has been stayed pending the outcome of this appeal. The sole issue raised by defendant on appeal relates to whether the district court judge who presided at the omnibus hearing acted as a factfinder, as required by our decisions, and resolved the dispute in the evidence relating to defendant's motion to suppress on Fourth Amendment grounds. We affirm.

The disputed factual issue at the omnibus hearing in this case was whether the officer investigating a possible motor vehicle violation by defendant smelled the odor of marijuana emanating from the passenger compartment. If he did, then the officer property conducted a warrantless search of the passenger compartment for marijuana pursuant to the so-called motor vehicle exception to the warrant requirement. State v. Wicklund, 295 Minn. 403, 205 N.W.2d 509 (1973). The officer claimed that standing by the driver's window he could smell the marijuana, which was wrapped in plastic bags inside grocery bags placed on the floor by the passenger's feet. Defendant, while admitting that one could smell the marijuana through the plastic bags and grocery bags if one got very close to them, denied that one could smell the marijuana from where the officer was standing. In other words, then, the issue at the omnibus hearing was whether the officer was telling the truth when he testified that he smelled marijuana. If he was not, then the evidence should have been suppressed.

As we have stressed in a number of cases, at a pretrial suppression hearing the trial court "acts as finder of facts, deciding for purposes of admissibility which evidence to believe and whether the state has met its burden of proof." State v. LaFrance, 302 Minn. 245, 246, 223 N.W.2d 813, 814 (1974). In this case the trial court made a statement which indicated that he did not believe it was his function at the omnibus hearing to act as a factfinder on the disputed issue. If the court actually had believed this and not resolved the dispute, we would have to remand for findings. State v. Wicklund, 295 Minn. 403, 205 N.W.2d 509 (1973). However, the court in fact issued formal written findings which did resolve this dispute, and we will not go behind those findings, as defendant would have us do.

Affirmed.


Summaries of

State v. Schultz

Supreme Court of Minnesota
Nov 3, 1978
271 N.W.2d 836 (Minn. 1978)

holding that officer, who smelled marijuana emanating from lawfully stopped vehicle, had a right to search passenger compartment for marijuana pursuant to motor vehicle exception

Summary of this case from State v. Schinzing

holding that an officer, who smelled marijuana emanating from a lawfully stopped vehicle, had a right to search the passenger compartment for marijuana pursuant to the motor-vehicle exception

Summary of this case from State v. Kellum

upholding car search under automobile exception based on marijuana odor

Summary of this case from State v. Perez

affirming warrantless search of passenger compartment when officer had probable cause of criminal possession of marijuana

Summary of this case from State v. Meyer

stating that if an officer smelled marijuana before searching a vehicle then the search was justified under the automobile exception

Summary of this case from State v. Kalberg

noting that officer properly conducted warrantless search of vehicle for marijuana where officer smelled marijuana emanating from the passenger compartment before the search

Summary of this case from State v. Baker

stating that automobile exception permitted officer to search vehicle without warrant if he smelled marijuana emanating from passenger compartment

Summary of this case from State v. Clifton

stating that whether officer smelled odor of marijuana emanating from a vehicle was credibility issue

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

State v. Schultz

Case Details

Full title:STATE of Minnesota, Respondent, v. James Richard SCHULTZ, Appellant

Court:Supreme Court of Minnesota

Date published: Nov 3, 1978

Citations

271 N.W.2d 836 (Minn. 1978)

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