Tuesday, August 27, 2019

Minnesota DWI Attorney F. T. Sessoms Blogs on Minnesota DWI: This Week's Featured Minnesota DWI Case

The Minnesota DWI Case Of The Week is State v. Howell (Decided August 26, 2019, Minnesota Court of Appeals, Unpublished), which stands for the proposition that there is no right to counsel, even for a DWI refusal, when the test is requested pursuant to a search warrant.  I can't blame the Court of Appeals for this decision as they are just following the recent Minnesota Supreme Court decision of State v. Rosenbush.  The problem is Rosenbush ( a 4 to 3 decision) makes no sense.

In Howell, the Defendant was arrested for DWI and while at the jail, the officer obtained a search warrant for Howell’s blood. The officer advised Howell that refusal to submit to blood-alcohol testing is a crime and asked Howell if he would submit to a blood or urine test. See Minn. Stat. § 171.177, subd. 1 (Supp. 2017) (“At the time a blood or urine test is directed pursuant to a search warrant under sections 626.04 to 626.18, the person must be informed that refusal to submit to a blood or urine test is a crime.”). Howell asked for a lawyer, but was not allowed to contact one. Howell refused to provide a sample for testing.

Howell contended that the police violated his limited right to counsel under the Minnesota Constitution because he requested counsel before the police asked him to submit to chemical testing and the police did not accommodate that request.  

The Minnesota Court of Appeals rejected Howell's argument stating:

"After oral argument in this case, the supreme court decided State v. Rosenbush, which squarely addresses the issue presented in this case: whether a driver arrested on suspicion of DWI and presented with a search warrant authorizing a search of his blood has a limited right to counsel under article I, section 6 of the Minnesota Constitution, as recognized in Friedman, before deciding whether to submit to chemical testing."
***
"The supreme court agreed with the state and held that the limited right to counsel established in Friedman does not apply when an individual is asked to submit to a blood test pursuant to a warrant. Id. at * 1, *5-6. The supreme court reasoned that “the existence of a search warrant eliminates many of the concerns that led [it] to expand the right to counsel in Friedman,” explaining that when a suspected impaired driver is presented with a search warrant for a blood or urine test, “the driver is not meeting his adversary in the same manner as the driver in Friedman because a neutral judicial officer has determined that the police may lawfully obtain a sample of the driver’s blood."

What the Supreme Court in Rosenbush totally fails to address is the rationale for Friedman, to wit:  When a person has been placed under arrest for DWI and been asked to submit to testing, the arrestee is facing IMMEDIATE CONSEQUENCES for their testing decision.  If they refuse, they immediately lose their license for one year and are facing prosecution for the gross misdemeanor crime of refusal.  It was these "immediate consequences" of the testing decision that led the Supreme Court in Friedman to hold that a person has the right to consult with counsel prior to testing.  The fact that a "neutral and detached" magistrate has reviewed the warrant application has nothing to do with the testing dilemma facing the person under arrest for DWI.  

Rosenbush is a stupid decision. Period.

Moral Of The Story: You can be the supreme court and still not get it right.

If you or a loved one have been arrested for a Minnesota DWI, or are facing a DWI forfeiture of your motor vehicle, feel free to contact Minnesota DWI Attorney, F. T. Sessoms at (612) 344-1505 for answers to all of your Minnesota DWI questions.


Wednesday, August 14, 2019

Minneapolis DWI Attorney F. T. Sessoms Blogs on Minnesota DWI: This Week's Featured Minnesota DWI Case

The Minnesota DWI Case Of The Week is State v. Kalkbrenner (Decided August 12, 2019, Minnesota Court of Appeals, Unpublished) which stands for the proposition that the police can make stuff up to justify an automobile stop and as long as the court calls their claim a "reasonable mistake of fact" the stop will be upheld.

In Kalkbrenner, a police officer observed that the taillights on appellant’s vehicle were not illuminated and initiated a traffic stop. While speaking with appellant, the officer noticed multiple indicia of intoxication and placed appellant under arrest. Appellant was charged with third-degree impaired driving and a taillight infraction. Appellant moved to suppress the evidence obtained as a result of the stop, arguing that the officer mistakenly thought the vehicle’s taillights were not illuminated and his mistake was objectively unreasonable. The parties stipulated to the underlying facts of the case and submitted the police reports and a statement from an automotive expert, which stated it is impossible to turn on the headlights without also turning on the taillights and that an examination of the vehicle four days after the stop indicated that all the lights were in working order. The district court did not hear any testimony and decided the matter based on the stipulated facts and briefing by the parties. The court assumed that the officer’s “observation of the taillights on [appellant]’s vehicle [w]as a mistake of fact,” and denied the motion to suppress on the ground that the officer’s mistake was reasonable.

On appeal the Minnesota Court of Appeals upheld the district court, stating:

"Given the unrebutted expert testimony and the report from the body shop, the district court found that the officer “may have made a mistake of fact” regarding the taillights. However, the court concluded that “[b]ased upon the stipulated record before the Court, assuming [the officer]’s observation of the taillights on [the] vehicle as a mistake of fact, the Officer’s mistake was reasonable.”2 Minnesota law recognizes that an officer’s “honest, reasonable mistakes of fact are unobjectionable under the Fourth Amendment.” State v. Licari, 659 N.W.2d 243, 254 (Minn. 2003). Further, a good-faith and reasonable mistake of fact will not invalidate an otherwise valid stop. See State v. Sanders, 339 N.W.2d 557, 560 (Minn. 1983) (holding that stop based on a reasonable mistake of identify was lawful). Even if the officer made a mistake of fact as to the taillights, there is no evidence in this record that his mistake was the product of “mere whim, caprice, or idle curiosity” or unreasonable. State v. Pike, 551 N.W.2d 919, 921-22 (Minn. 1996). As such, the officer’s traffic stop was not “unobjectionable under the Fourth Amendment.” Licari, 659 N.W.2d at 254."

I can't object to the appellate court's analysis as they were stuck with the district court's finding that the mistake was "reasonable". But the district court's ruling that the mistake was "reasonable" is absurd.  Either the tail lights were on or they were off.  Their condition is not something that is "reasonably mistaken". I know that when I drive down the highway, I often cannot tell if the car in front of me has working tail lights at night.  I mean, give me a break.

Moral Of The Story:  Get the squad video for every DWI case.



If you or a loved one have been charged with a Minnesota DWI, feel free to contact Minneapolis DWI Attorney, F. T. Sessoms at (612) 344-1505 for answers to all of your Minnesota DWI and DUI questions.





Monday, August 5, 2019

Minneapolis DWI Lawyer F. T. Sessoms Blogs on Minnesota DWI: This Week's Featured Minnesota DWI Case

The Minnesota DWI Case of the Week is State v. Preston (Decided August 5, 2019, Minnesota Court of Appeals, Unpublished) which stands for the proposition that the police may conduct a traffic stop if they observe a partially obscured license plate.

In Preston, Beltrami County Sheriff's Deputy Bender was monitoring traffic when the Defendant drove past.  The Deputy was unable to read Defendant's license plate number as it was obstructed by a dangling light.

Deputy Bender initiated a traffic stop. He then approached the car and recognized the Defendant. Deputy Bender knew Defendant's driver’s license was cancelled. Preston was arrested and Deputy Bender searched the vehicle and found numerous smoking devices, marijuana, and an open container of alcoholic iced tea. Appellant admitted to smoking methamphetamine six hours earlier. A search warrant was obtained and executed, and appellant’s blood tested positive for methamphetamine.

Defendant was charged with driving after cancellation, DWI and 5th Degree possession. Mr. Preston filed a motion to suppress arguing the initial stop of his vehicle was not valid. 

The District Court denied the motion to suppress and on appeal, the Minnesota Court of Appeals affirmed, stating:

"Minnesota law prohibits obstructing the view of a license plate. “The person driving the motor vehicle shall keep the plate legible and unobstructed ... so that the lettering is plainly visible at all times.” Minn. Stat. § 169.79, subd. 7 (2016). In finding that appellant violated this traffic law, the district court relied on a photograph of the license plate and testimony from Deputy Bender. The photograph, taken at the time of the traffic stop, shows a light dangling over the last three letters of the license plate. One letter is obstructed and another letter is partially obstructed. Further, Deputy Bender testified that the light made the license plate “difficult to see.” Because the record supports the district court’s factual finding that the license plate was obstructed and this provided Deputy Bender with a reasonable, articulable suspicion to stop appellant’s vehicle, we affirm."

Moral Of The Story: He should have joined the "clean plate" club!



If you or a loved one have been charged with a Minnesota DWI, feel free to contact Minneapolis DWI Lawyer, F. T. Sessoms at (612) 344-1505 for answers to all of your Minnesota DWI and DUI questions.