State v. Engholm

• Decision Date: 28 March 1980
• Docket Number: 49459.,No. 49443,49443
• Citation: 290 NW 2d 780
• Parties: STATE of Minnesota, Respondent, v. Roger William ENGHOLM, Appellant. STATE of Minnesota, Respondent, v. Marlin Fred ENGHOLM, Appellant.
• Court: Minnesota Supreme Court

290 N.W.2d 780 (1980)

STATE of Minnesota, Respondent, v. Roger William ENGHOLM, Appellant.

STATE of Minnesota, Respondent, v. Marlin Fred ENGHOLM, Appellant.

Nos. 49443, 49459.

Supreme Court of Minnesota.

March 28, 1980.

C. Paul Jones, Public Defender, Michael Cromett and Marguerite McCarron, Asst. Public Defenders, Minneapolis, for appellants.

Warren Spannaus, Atty. Gen., Gary Hansen and Barbara Gill, Sp. Asst. Attys. Gen., St. Paul, Stephen C. Rathke, County Atty., Brainerd, for respondents.

Heard before OTIS, YETKA, and SCOTT, JJ., and considered and decided by the court en banc.

OPINION

SCOTT, Justice.

This is a joint appeal by two brothers, Roger and Marlin Engholm, from convictions of obstructing legal process with force or violence and simple assault. Their cases were consolidated for trial with those of three other defendants arising from the same incident: Albert Engholm, Linda Engholm, and Daniel Johnson. The cases were tried to a jury of the Ninth Judicial District. The jury found Roger and Marlin Engholm guilty on both counts, and acquitted the other three defendants. Roger and Marlin were each sentenced to one year in jail and fined $500, with execution of the sentence stayed two years, and were also placed on supervised probation for two years, with the first six months to be served in Crow Wing County Jail. We affirm.

On May 28, 1978, at approximately 12:30 a. m., Roger and Marlin left their father's house in Brainerd and went to a local bar to play pool. They were joined by Daniel Johnson, a friend of theirs. At 1:15 a. m., the three left the bar in Roger's car, with Roger driving, to return to the Engholm home. Shortly thereafter, their car passed through the intersection of Washington and Eighth Streets in downtown Brainerd.

Officer Merriman and Reserve Officer Hines of the Brainerd Police Department were controlling traffic at the intersection of Washington and Eighth Streets at this time because two ambulances were about to pass through the intersection. While Merriman and Hines were waiting for the ambulances, Merriman's attention was drawn to defendants' car because it was traveling at 15 to 20 miles per hour in a 30-miles-per-hour speed zone and was weaving back and forth within its lane. Merriman suspected that the driver of the car was under the influence of alcohol, and continued to observe the car after it passed through the intersection and noted its license number. After the ambulances had passed through the intersection, Merriman and Hines got into their squad car and proceeded east on Washington, following defendants' car. The traffic was moderately heavy and Merriman was unable to get directly behind defendants' car. He was able to observe the car, however, and testified that it continued to be driven slowly and was weaving somewhat within its own lane. Defendants' car turned left at First Avenue N. E. and Merriman followed it. It was only at this time that Hines asked and was told what car they were following and why.

On First Avenue, the squad car was directly behind defendants' car and, according to Merriman and Hines, their red warning lights were on to signal to defendants' car to stop. Defendants did not stop but instead proceeded one block on First Avenue and turned right onto B Street. Roger Engholm stopped his car on B Street in front of the Engholm residence. The squad car pulled up behind defendants' car. Roger got out of his car and walked between the two cars toward his house. Roger was aware of the squad car but paid no attention to it. Merriman radioed his location to the police department and got out of the squad car. He called to Roger, telling him to stop because he wanted to speak to him. Roger began running toward the back of the house. Merriman caught up with him about twenty feet from the back door and grabbed him by the arm. Roger jerked away from Merriman and told him to keep his hands off. Merriman grabbed him again at the door.

Meanwhile, Hines had gotten out of the squad car and Marlin Engholm and Daniel Johnson had gotten out of Roger's car. Hines told them to say by the car, but they ran toward Roger and Merriman. Merriman testified that he was struck from behind by Marlin. Hines and Merriman managed to handcuff Marlin, but Roger escaped into the house. Shortly thereafter, defendants' father, Albert Engholm, and sister, Linda Engholm, appeared from the house. According to Merriman, Roger also reappeared and helped Marlin escape from the officers into the house by struggling with Merriman again. Merriman also testified that Linda Engholm and Daniel Johnson pulled his hair to help Roger. Ultimately, the Engholms all entered their house. Daniel Johnson was handcuffed by the officers. Albert Engholm told the officers to "get the ____ off" his yard, and Roger Engholm also told them to get out and threatened to "get a gun and blow your _______ head off." The officers radioed for reinforcements and were joined by several squad cars. They left later that morning after removing Marlin's handcuffs. Only Daniel Johnson was taken to the police station.

The following issues are presented to us:

(1) Was the evidence presented at trial sufficient to support defendants' convictions of obstructing legal process?

(2) Does Minn.Stat. § 609.50 (1978) violate defendants' constitutional rights to equal protection or due process of law?

1. Defendants were convicted of obstructing legal process under Minn.Stat. § 609.50(1), which provides:

Whoever intentionally obstructs, hinders or prevents the lawful execution of any legal process, civil or criminal, or apprehension of another on a charge or conviction of a criminal offense or interferes with a peace officer while the officer is engaged in the performance of his official duties may be sentenced as follows:

(1) If the act was accompanied by force or violence or the threat thereof, to imprisonment for not more than one year or to payment of a fine of not more than $1,000, or both;

Defendants claim that the evidence introduced at trial was legally insufficient to support their jury convictions. They argue that the evidence does not demonstrate that the officers had a right to stop defendants. Because the officers' attempt to stop defendants was unlawful, defendants argue, they were justified in resisting the officers' actions.

To lawfully stop a person for questioning, as distinct from making an arrest, a police officer must be able to point to specific and articulable facts which, together with reasonable inferences from those facts, reasonably warrant the invasion of a citizen's personal security. The intrusion cannot be based on an inarticulate hunch, and must be reasonable in light of the particular circumstances. A police officer may approach a person for purposes of investigating possible criminal behavior even though there is no probable cause to make an arrest. Terry v. Ohio, 392 U.S. 1, 21, 88 S.Ct. 1868, 1879, 20 L.Ed.2d 889 (1968). In State v. Johnson, 257 N.W.2d 308 (Minn.1977), this court held that a police officer's stopping of an automobile was not justified because the officer could not articulate any reasons for being suspicious of defendant's automobile. The court quoted a statement by the New York court in People v. Ingle, 36 N.Y.2d 413, 420, 369 N.Y.S.2d 67, 74, 330 N.E.2d 39, 44 (1975):

It should be emphasized that the factual basis required to support a stop for a "routine traffic check" is minimal. An actual violation of the Vehicle and Traffic Law need not be detectable * * *. All that is required is that the stop be not the product of mere whim, caprice, or idle curiosity. It is enough if the stop is based upon "specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant the intrusion."

257 N.W.2d at 309. This passage was also quoted with approval in State v. McKinley, 305 Minn. 297, 232 N.W.2d 906 (1975). The necessity of having a reasonable suspicion of a violation before stopping an automobile was recently reaffirmed by the United States Supreme Court in Delaware v. Prouse, 440 U.S. 648, 663, 99 S.Ct. 1391, 1401, 59 L.Ed.2d 660 (1979):

We hold that except in those situations in which there is at least articulable and reasonable suspicion that a motorist is unlicensed or that an automobile is not registered, or that either the vehicle or an occupant

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