Knapp v. Commissioner of Public Safety, No. CX-98-2163.

• Court: Supreme Court of Minnesota (US)
• Writing for the Court: STRINGER, Justice.
• Citation: 610 N.W.2d 625
• Docket Number: No. CX-98-2163.
• Decision Date: 20 April 2000
• Parties: Michael KNAPP, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant.

610 N.W.2d 625

Michael KNAPP, Respondent,
v.
COMMISSIONER OF PUBLIC SAFETY, Appellant

No. CX-98-2163.

Supreme Court of Minnesota.

April 20, 2000.

610 N.W.2d 626

Mike Hatch, Attorney General, Michael R. Pahl, Assistant Attorney General, St. Paul, for appellant

Alan J. Albrecht, Brooklyn Center, for respondent.

Considered and decided by the court en banc without oral argument.

OPINION

STRINGER, Justice.

Early in the morning of June 30, 1998, two Wright County sheriff's deputies were dispatched to check on the welfare of a person, later determined to be Michael Knapp (respondent), sleeping in the back seat of a parked car with the engine running. When respondent failed a preliminary breath test (PBT) administered by the deputy arriving first at the scene, he was warned by the deputy not to drive. A short time later, a second deputy who was aware of the warning observed respondent driving and arrested him on a charge of driving while under the influence of alcohol pursuant to Minn.Stat. § 169.121, subd. 1,¹ and respondent's license to drive was revoked pursuant to Minn.Stat. § 169.123 (1998).² Following the implied consent hearing the trial court upheld the revocation. The court of appeals reversed, the majority ruling that the second deputy did not have a factual basis for his suspicion that respondent was intoxicated when he stopped him. The Commissioner of Public Safety appeals, arguing that the deputy had a reasonable and articulable suspicion that respondent was intoxicated justifying the stop. We agree and reverse.

At around 6:30 in the morning of respondent's arrest, Deputy Holland had been on duty for about a half-hour when he was dispatched to check on the welfare of respondent, who was reported to be asleep in the back seat of his car with its engine running. Respondent's car was parked in a parking lot in Monticello, Minnesota shared by a municipal on-sale liquor store and Rhonda's Café, an eating establishment.

610 N.W.2d 627

A second Wright County sheriff's deputy who had been working the night shift, Deputy Lang, also received the radio dispatch, arrived at the scene before Deputy Holland and administered a PBT on respondent. Respondent failed the test. Deputy Lang told respondent that he must either stay with his car, walk home or call for a ride. As Deputy Lang was speaking with respondent about his failing the PBT and his options, Deputy Holland arrived. Deputy Holland testified in the implied consent hearing on October 9, 1998, that when he arrived at the parking lot respondent's car was turned off, Deputy Lang had already administered a PBT on respondent, he overheard Deputy Lang tell respondent that he had failed the PBT and that Lang told Holland that respondent was unable to drive because he failed the test. However, Deputy Holland did not recall being told by Deputy Lang about other signs of intoxication exhibited by respondent, for example an odor of alcohol, bloodshot eyes or problems with balance and coordination. Deputy Holland further acknowledged that he could not personally verify that respondent exhibited signs of intoxication but he suspected respondent was guilty of driving while intoxicated based upon the information Deputy Lang provided and his knowledge that respondent was sleeping in his car

Respondent appeared to be calling someone on his cell phone as the deputies left the parking lot driving separately in their squad cars and proceeded to a parking lot across an alleyway where they parked and exchanged information unrelated to respondent. Minutes later, respondent drove through the alley directly in front of the squad cars. Deputy Holland stopped respondent, arrested him for driving while intoxicated³ and his driver's license was revoked pursuant to Minn.Stat. § 169.123 for driving a motor vehicle while intoxicated.

During the hearing respondent argued that there was no evidence supporting Deputy Lang's belief that respondent was intoxicated other than the fact that respondent was in the back seat of a car in the parking lot with the engine running, and this fact alone does not constitute probable cause to administer a PBT. Respondent further argued that because Deputy Holland's stop of respondent was based on an illegally administered PBT, there was no basis for Deputy Holland to stop respondent....