Case:
State v. D.M.
Charges:
Gross Misdemeanor DWI and License Revocation in Ramsey County
Outcome:
All charges dismissed
D.M. was very upset when she contacted our office. She was just beginning a career in a new field, and her position was in jeopardy because she was charged with a Gross Misdemeanor DWI in Ramsey County. We obtained all of the discovery (evidence) from the prosecutor. After reviewing it, we observed that the arresting officer violated her Fourth Amendment right to be free of unreasonable searches and seizures. We raised this issue at a contested evidentiary hearing.
The officer testified that an anonymous 911 caller reported a vehicle with a possibly intoxicated driver. The caller provided very little information about why they believed the driver to be intoxicated. The officer located the vehicle and conducted a stop without any additional information. In Minnesota, an informant’s tip can be used to justify a stop. However, the Court must consider two elements. First, the Court should consider whether the caller identified himself or herself. Tips from identified callers are given greater deference. Second, the caller must provide sufficient facts for the police to determine the driver is likely intoxicated.
After the contested hearing, the judge ruled in D.M.’s favor, finding that the tip possessed insufficient indicia of reliability. Essentially, the judge ruled that the officer violated D.M.’s Fourth Amendment rights when he stopped her vehicle. As a result, the Court suppressed all of the evidence that the officer collected, and the case was dismissed.