Monday, May 2, 2022

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The Minnesota DWI Case Of The Week is State v. Jones (Decided May 2, 2022, Minnesota Court of Appeals, Unpublished) which stands for the proposition that one should not pull into the parking lot of a closed business late at night.

In Jones, the Defendant was arrested for DWI and challenged the validity of the initial stop of her vehicle. The arresting officer testified that around 11:00 p.m., he was following a car traveling northbound on Highway 25 when the car turned left into the parking lot of a closed business. At the next opportunity, the trooper made a U-tum and parked along the right shoulder of southbound Highway 25 to observe the car. The trooper saw the car park in the front section of the dimly lit lot, which abutted the highway. After approximately 30 seconds, he saw the car drive further into the lot and move to a darker area between two buildings where the trooper lost sight of the car. About 30 seconds later, the trooper observed the car travel back to the front section of the lot, come to a complete stop, exit the lot, and reenter Highway 25, continuing northbound. The trooper initiated a traffic stop and arrested the car’s sole occupant, later identified as Jones, after detecting signs of intoxication.

The trooper testified that he considered Jones’s driving conduct to be suspicious. The trooper testified that he became suspicious because he knew the business was closed, the lot was not well-lit, and there were other lots along the highway with much better lighting. The trooper also testified that although he considered the driver might be custodial staff or have pulled over to look at a map, he no longer thought that was the case when he observed the vehicle travel from the dimly lit front area of the lot to a darker area of the lot hidden from his view. The trooper testified that he became particularly suspicious when the vehicle moved to the dark area of the lot out of his view because the trooper knew that buses were parked in that area, and he thought it was possible that someone could be vandalizing the building, stealing tires, or engaged in drug use. 

The district court denied the Defendant's motion to suppress and on appeal, the MInnesota Court of Appeals affirmed the lower court, stating:

"For a stop to be supported by reasonable suspicion, there must be “specific, articulable facts” showing that the officer “had a particularized and objective basis for suspecting the seized person of criminal activity.” Id. at 842-43 (quotations omitted). The standard for reasonable suspicion is “not high,” but it requires more than “an inchoate and unparticularized suspicion or hunch.” State v. Timberlake, 744 N.W.2d 390, 393 (Minn.2008) (quotations omitted). This standard is satisfied when the officer “observes unusual conduct that leads the officer to reasonably conclude in light of his or her experience that criminal activity may be afoot.” Id. (quotation omitted). If a seizure is not supported by reasonable suspicion, however, all evidence obtained because of the seizure must be suppressed. Diede, 795 N.W.2d at 842."

***

"The facts here are like those in Thomeczek and Olmscheid. Around 11:00 p.m., the trooper saw Jones drive into the front section of the lot of a closed business and, 30 seconds later, drive out of sight between two buildings. According to the trooper, there was no apparent reason for someone to enter the parking lot at that time of night because the business was closed. The trooper also concluded from his observations that Jones was not an employee because instead of entering the business, she proceeded to drive into the dimly lit area between the two buildings. The trooper articulated that he suspected Jones of vandalism, tire theft, or taking drugs when she drove from the front parking lot to the darker area of the parking lot specifically based on his knowledge that tire thefts had occurred at “dealership lots here,” and in his experience, “people do[] drugs ... in some empty lots.” Like the behaviors of the drivers in Thomeczek and Olmscheid, Jones’s conduct caused the trooper to form a reasonable belief that she could be engaged in criminal activity."

Moral Of The Story: Don't stop at any business that is not open 24 hours!

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

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