The Minnesota DWI Case of the Week is State v. Rice, (Issued August 11, 2014, Minnesota Court of Appeals, Unpublished) which stands for the proposition that if you are drunk and make it home, do not answer the door!
In Rice, Sergeant Daniel Wilson of the Maple Grove Police
Department received a dispatch informing him that three callers reported that a
white Chevy SUV was driving erratically and ran over a road sign, and that the driver
threw a champagne bottle out the window.
One caller reported seeing the vehicle pull into a garage, and all three
callers identified the license-plate number.
Sergeant Wilson ran
the reported plate and arrived at the registered address, which matched the location
where the caller saw the vehicle enter a garage.
Respondent Becky Ann
Rice's husband answered the door, and Sergeant Wilson asked if anyone at the
house owned a white Chevy SUV. Husband said yes, and stated that Rice had
probably been driving it.
Sergeant Wilson asked
if Rice was home; the parties dispute how husband responded.
Then, the following
exchange ensued:
SERGEANT WILSON: Ok,
I'll be honest with you. I'm following up on a traffic complaint. Ok? I have
reason to believe that the vehicle's here. OK? Somebody who just called watched
the vehicle arrive home. So, is that correct or is that not correct? If you're
lying to me.
HUSBAND: I, I have no
knowledge ....
SERGEANT WILSON: Hear
me out, if you're lying to me, OK, I will charge you criminally with lying to
me. Ok, cause this is a criminal investigation right now.
The Husband led
Sergeant Wilson through the house and into the attached garage, where they
found the SUV and Rice slumped over in the driver's seat. Sergeant Wilson arrested Rice for
driving while under the influence of alcohol.
Rice moved to suppress
the evidence obtained from the garage on the grounds that husband's consent to
the search was not voluntary. The district court granted Rice's motion, finding
that Sergeant Wilson's threat to charge husband with a crime was coercive and
that Sergeant Wilson obtained husband's consent only in response to the threat
of potential arrest. The state appealed the District Court but the Minnesota
Court of Appeals ruled in favor of Ms. Rice stating:
“The United States and
Minnesota Constitutions prohibit unreasonable searches and seizures and, with
few exceptions, warrantless searches are unreasonable. But a warrant is not
necessary if a person voluntarily consents to a requested search. The state
bears the burden of demonstrating consent was voluntarily given. Whether
consent is voluntary under the totality of the circumstances is a question of
fact, which we review for clear error.”
"The totality of the
circumstances includes "the nature of the encounter, the kind of person
the [consenter] is, and what was said and how it was said." Consent is
voluntary if "a reasonable person would have felt free to decline the
officer['s] requests or otherwise terminate the encounter." But "[m]ere acquiescence on a claim
of police authority or submission in the face of a show of force" is not
voluntary consent. (citations omitted)”
“…The record supports
the district court's finding that husband consented to the search only in
response to the threat of potential arrest. The recording reveals that the
request to search came within 15 seconds of Sergeant Wilson's two references to
husband's possible lying and threat to criminally charge husband if he was
doing so. Husband was not told that he could withhold consent and stated that
he let Sergeant Wilson in the garage because he felt that he would otherwise be
arrested."
"Second, while Sergeant
Wilson did not brandish his weapon during the brief discussion, the record
shows that he did assert his authority. Sergeant Wilson was in uniform and
carried a gun. And the officer's language, although respectful, was persistent
and authoritative during the encounter.”
“Ultimately, the
district court carefully reviewed the evidence, expressly evaluated the
testimony of the witnesses, and found that "the totality of the
circumstances make clear that Mr. Rice's acquiescence to the search was
obtained only in response to the threat of potential arrest." We defer to
a district court's credibility determinations.”
“Accordingly, the
district court did not err by suppressing the evidence.”
Moral of the Story: When The Police Throw Their Weight Around, Sometimes The Case Gets Thrown Out Of Court!
F.T. Sessoms, Minnesota DWI Attorney, Minnesota DUI Lawyer, Minneapolis DWI Attorney, Minneapolis DUI Lawyer
