This opinion will be unpublished and
may not be cited except as provided by
Minn. Stat. § 480A.08, subd. 3 (1998).
STATE OF MINNESOTA
IN COURT OF APPEALS
State of Minnesota,
DeAndre Denell LaSane,
Filed August 8, 2000
County District Court
File No. K399483
Mike Hatch, Attorney General, 525 Park Street, Suite 500, St. Paul, MN 55103; and
Gregory D. Larson, Hubbard County Attorney, P.O. Box 486, Park Rapids, MN 56470 (for appellant)
John D. Stuart, State Public Defender, 2829 University Avenue Southeast, Suite 600, Minneapolis, MN 55414; and
Mark D. Nyvold, 46 East Fourth Street, Suite 1030, St. Paul, MN 55102 (for respondent)
Considered and decided by Amundson, Presiding Judge, Crippen, Judge, and Anderson, Judge.
The state challenges a pretrial order suppressing evidence and dismissing a charge of possession of a firearm by an ineligible person. The state argues that the district court clearly erred in finding that the police did not have grounds to conduct a felony stop of respondent’s vehicle. The vehicle matched the description of a vehicle under surveillance by a drug task force and was also observed both crossing the fog line and making a turn without signaling. The state also argues that the court clearly erred in suppressing the evidence seized from the car pursuant to a search warrant signed by a judge from a different county. We affirm.
On July 30, 1999, Deputy Troy Christenson was on patrol in Hubbard County where he observed a van with three men inside. Deputy Christenson believed the van was under surveillance by the drug task force. After retrieving the license plate number, he called a task-force agent, who confirmed that the van was under surveillance, after an anonymous tip suggesting involvement in drug trafficking. Deputy Christenson then observed the van cross over the fog line twice and execute a turn without proper signaling. Stopping the vehicle, the deputy approached it and asked the driver’s name and date of birth. Identifying himself as DaShawn Lecy, he gave a date of birth. The information given by the driver came back as not on file, so Deputy Christenson again asked the driver for his name. This time, the driver reported his name as DaShawn McFerson, giving the same date of birth; and this name too came up as not on file. The driver was then asked for his social-security number; he responded that he did not have one.
During this exchange, Deputy Christenson asked the driver to put his hands outside the window. Although the driver initially complied, he repeatedly put his hands back inside the car. The van’s passengers were frequently changing seats. Deputy Christenson told the driver to instruct his passengers to sit still and place their hands outside the vehicle as well. The driver replied that the passengers’ car windows did not work. The deputy then called for assistance from a Cass County deputy. He then ordered all of the occupants out of the car. When Deputy Christenson looked inside the vehicle, he observed what he believed to be marijuana leaves and seeds on the rear passenger floor. The deputy had the car secured and towed to Beltrami County.
The vehicle’s passengers were released as soon as they were identified. The driver, later identified as DeAndre Denell LaSane, the respondent here, was arrested for two misdemeanor offenses. He was detained because he could not be positively identified.
After a K-9 dog gave positive indication that the vehicle contained controlled substances, a search warrant was obtained and executed. Deputy Christenson, a Hubbard County deputy, applied for and was issued a search warrant in Beltrami County. The search of the vehicle turned up a loaded handgun and illicit fireworks. LaSane had no permit for the pistol and subsequent review of his criminal record revealed two convictions for carrying a weapon without a permit.
LaSane was charged with three offenses; carrying a weapon without a permit in violation of Minn. Stat. § 624.714, subd. 1 (1998); possession of fireworks in violation of Minn. Stat. § 624.21 (1998) and Minn. Stat. § 624.25(3) (1998); and giving a peace officer a false name in violation of Minn. Stat. § 609.506, subd. 1 (1998). LaSane moved to dismiss the complaint on the ground that the deputy who stopped his vehicle did not have a “reasonable suspicion” of criminal activity. LaSane also moved to suppress any evidence taken as a result of the search and seizure because such evidence was seized in violation of his Fourth Amendment right to be free of unreasonable searches and seizures. The district court granted LaSane’s motion to dismiss. This appeal followed.
D E C I S I O N
The parties also do not dispute that the deputy had reasonable grounds to stop the vehicle. The deputy observed the vehicle speeding, crossing the fog line on two occasions, and making a turn without using a turn signal. However, the parties do dispute the propriety of the deputy’s detention of LaSane and search of his vehicle. LaSane argues that the deputy should have simply issued a citation and allowed LaSane to leave.
A police officer may arrest a person without a warrant when a misdemeanor has been committed or attempted in the officer’s presence. Minn. Stat. § 629.34, subd. 1(c)(1) (1998). Generally, peace officers merely issue citations to persons arrested for misdemeanors, unless it appears that (1) arrest or detention is necessary to prevent bodily harm to the suspect or another or to prevent further criminal conduct; or (2) there is a substantial likelihood that the accused will fail to respond to a citation. Minn. R. Crim. P. 6.01, subd. 1(1)(a).
Even if LaSane’s detention was proper, the district court correctly granted his motion to dismiss because the search warrant was invalid. Minn. Stat. § 626.11 (1998) requires that a search warrant be issued to and executed by a peace officer of the issuing magistrate’s county. State v. Lunsford, 507 N.W.2d 239, 242-243 (Minn. App. 1993), review denied (Minn. Dec. 14, 1993). In this case, the search warrant was issued by a Beltrami County judge to a Hubbard County deputy. The parties agree that, on this basis, the warrant was improperly issued. A statutory violation supports exclusion of the resulting evidence where a constitutional violation is involved. Lunsford, 507 N.W.2d at 243. Here, LaSane’s Fourth Amendment right to be free from unreasonable searches and seizures was violated. Thus, this search warrant was improperly issued, and the evidence recovered pursuant to the warrant was properly excluded and charges properly dismissed.