State v. Ellanson
| Decision Date | 12 May 1972 |
| Docket Number | No. 43491,43491 |
| Parties | STATE of Minnesota, Appellant, v. Lowell Carl ELLANSON, Respondent. |
| Court | Minnesota Supreme Court |
Warren Spannaus, Atty. Gen., St. Paul, W. M. Gustafson, County Atty., Warren Litynski, Special Asst. County Atty., St. Peter, for appellant.
Clothier & Roeder, LeSueur, for respondent.
Heard before KNUTSON, C.J., and ROGOSHESKE, TODD, and GUNN, JJ.
The state appeals pursuant to Minn.St. 632.11, subd. 1(3), from the district court's order suppressing certain evidence necessary to continue prosecution of defendant for unlawful possession of a narcotic drug, specifically, three plastic bags containing marijuana, two pipes containing marijuana residue, and two packages of cigarette paper. We hold that law enforcement officers, in searching the glove compartment of defendant's car and in seizing this evidence, did not violate defendant's Fourth Amendment rights, and therefore we reverse the district court's order suppressing the evidence.
On the afternoon of August 28, 1971, Highway Patrolman Wayne Grotberg observed an automobile, driven by defendant, weaving within its lane on Highway No. 169, south of St. Peter. Although Grotberg did not feel that this constituted a violation of the traffic laws, he stopped the automobile to investigate, thinking that perhaps there might be something wrong with its steering mechanism. As Grotberg walked toward the stopped car, he observed a female passenger, who was sitting between defendant and another male passenger in the front seat, move in the direction of the glove compartment, and he heard what sounded like the slamming of the glove compartment. While asking defendant the reason for the weaving, he observed, in plain sight on the floor of the back seat, an 'open bottle' of wine. He immediately arrested defendant for violation of Minn.St. 169.122, the 'open bottle law,' and asked defendant and his two passengers to get out of the car. He then searched under the front seat, where he discovered a paper bag containing another 'open bottle.' Grotberg then escorted defendant and the two passengers to the squad car and radioed for help, which arrived shortly thereafter. Claiming defendant's consent, Grotberg and the newly arrived officers searched the glove compartment, where they found the evidence ordered suppressed by the district court.
Whether or not defendant knowingly and voluntarily consented to the search of the glove compartment, we conclude that the search was a reasonable search incident to a valid arrest for...
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...of intoxication and his stop of Appellant's vehicle. ¶ 9 Judgment of sentence affirmed. 1. The court also relied on State v. Ellanson, 293 Minn. 490, 198 N.W.2d 136 (1972), in which the Minnesota Supreme Court merely asserted without explanation that the stop was justified. In addition, the......
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