Wold v. State

• Citation: 430 N.W.2d 171
• Decision Date: 14 October 1988
• Docket Number: No. C9-88-323,C9-88-323
• Parties: Carl Richard WOLD, Petitioner, Appellant, v. STATE of Minnesota, Respondent.
• Court: Supreme Court of Minnesota (US)

Page 171

430 N.W.2d 171

Carl Richard WOLD, Petitioner, Appellant, v. STATE of Minnesota, Respondent.

No. C9-88-323.

Supreme Court of Minnesota.

Oct. 14, 1988.

Syllabus by the Court

1. A police stop and "pat down" search of a person at the scene of a late night street crime of violence resulting in a comatose victim did not violate that person's right afforded him by Amendment IV to the United States Constitution to be free from an unreasonable search and seizure.

2. A trial court finding that an accused's waiver of his right to be a witness against himself under Amendment V to the United States Constitution was knowingly, voluntarily, and intelligently made was not clearly erroneous notwithstanding that the accused, one whose intelligence quotient was at the lower end of the scale, had shortly before waiving his rights voluntarily consumed some alcoholic beverages.

C. Paul Jones, State Public Defender, Susan J. Andrews, Asst. State Public Defender, St. Paul, for appellant.

Alan L. Mitchell, St. Louis Co. Atty., Charles P. Schumacher, Asst. Co. Atty., Duluth, for respondent.

Considered and decided by the court en banc.

OPINION

KELLEY, Justice.

Appellant Carl Richard Wold appeals from an order denying his motion for post-conviction relief following his conviction of the first-degree murder of Harold Both on March 3, 1986, in Duluth, Minnesota. In seeking a new trial, appellant raises two principal issues. ¹ First, he contends the trial court erred in failing to suppress evidence the state acquired following a "pat down" search, which, he claims violated his right to be free from an unreasonable search and seizure under the Fourth Amendment to the United States Constitution. Secondly, he asserts that the trial court erred when it admitted statements he made to police authorities following his arrest, because his then existing state of intoxication, when combined with his limited intelligence, precluded him from knowingly, intelligently, and voluntarily waiving the right provided him by the Fifth Amendment to the United States Constitution to be free from compulsory self incrimination. Our review of the record leads us to reject appellant's assertions and to affirm the trial court.

At approximately 11 p.m. on March 3, 1986, Officer Greeman of the Duluth Police Department responded to a call that a man was "down" on 1st Avenue East between 3rd and 4th Streets. Upon arrival at the scene, he found ambulance paramedics attending an elderly male who had been the apparent victim of a stabbing. The victim, later identified as Harold Both, appeared to have sustained not only multiple stab wounds but, as well, an evisceration consisting of bowel and intestine extruding several inches outside the skin. By that time Both had already sustained considerable loss of fresh blood, most of which saturated his clothing although some was also found on the adjacent ground.

Officer Greeman also observed two persons at the scene in addition to the victim and the attending paramedics. One of those individuals, later identified as Jeffrey Oates, was arguing with one of the paramedics, while the other, later identified as the appellant, stood near the paramedic who was attempting to render aid to the badly injured victim lying on the ground.

The attendant with whom Oates was arguing told Greeman that Oates had "tried to run." Greeman then handcuffed Oates, patted him down for weapons, and was in the process of walking Oates away from the scene when a second Duluth police squad car arrived containing Officer Renier who immediately commenced to assist Greeman. Greeman told Renier to "Go ahead and take care of the other fellow until we sort this out." At that time appellant did not appear to be attempting to leave the scene.

Upon his arrival at the scene, Renier observed that several things were simultaneously happening: the recumbent victim, bloody and apparently comatose, was being attended by a paramedic. Officer Greeman was involved in attempting to subdue Oates, and appellant appeared to be now shouting at one of the ambulance attendants. Renier ordered appellant to step to an adjacent wall after which Renier "patted him down." During the course of the "pat down" Renier found an empty black knife sheath inside the appellant's jacket pocket as well as papers soiled with what appeared to be fresh blood. He also noticed fresh blood on appellant's outer clothing. Appellant was then handcuffed, and shortly thereafter was taken by police squad car to the police department. There, before attempting to question him further, Duluth police detectives Hanson and Lyons read to appellant his Miranda rights. After appellant had acknowledged that he understood those rights, and after he had waived them, the two officers proceeded to question him. During the course of the interrogation, appellant admitted he had stabbed Both in the course of robbing him. He also advised the detectives that he had hidden the knife following the stabbing and drew for them a rough map which aided them in ultimately finding the murder weapon in a snow bank some distance from the scene. The statement was tape recorded and later, together with the knife and other evidence obtained as the result of it, was eventually admitted in evidence at appellant's trial.

I.

We first consider whether the detention and "pat down" of appellant at the scene of the crime violated the right afforded him by Amendment IV to the United States Constitution to be free from an unreasonable search and seizure. In commencing, we iterate once again that an appellate court's scope of review from a trial court order denying post-conviction relief is limited to ascertaining whether the record provides sufficient evidence to sustain the trial court's findings. Unless those findings are clearly erroneous, they will not be reversed. Of course, in order to determine whether the findings are clearly erroneous, an appellate court will make an independent determination, on the basis of the facts found by the trial court, to ascertain whether the state has met its overall burden of proof to establish the accused's guilt beyond a reasonable doubt. ² State v. Kulseth, 333 N.W.2d 635, 637 (Minn.1983).

The Fourth Amendment's proscription against unreasonable searches and seizures is designed "to prevent arbitrary and oppressive interference by enforcement officials with the privacy and personal security of individuals." U.S. v. Martinez--Fuerte, 428 U.S. 543, 554, 96 S.Ct. 3074, 3081, 49 L.Ed.2d 1116 (1976). Generally, search or seizure of an individual is not constitutionally permissible unless the officers making the search have an arrest warrant, search warrant or have probable cause to make an arrest. However, the federal courts have carved out an exception to that general rule which permits officers under certain circumstances to "stop and frisk" an individual "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, 22, 88 S.Ct. 1868, 1880, 20 L.Ed.2d 889 (1968). Notwithstanding that exception, it is clear that not every such "pat down" search nor every resulting seizure will surmount the general constitutional bar. To come within the exception, the search or seizure must be founded upon some objective justification. That justification can be a "reasonable suspicion" entertained by a police officer based upon the officer's experience that criminal activity may be taking place and that the individual with whom the officer is confronted may be armed and capable of immediately causing permanent harm. Obviously, whether that "reasonable suspicion" justifies the limited search is fact determinative. See, e.g., Terry, 392 U.S. at 30, 88 S.Ct. at 1884. Moreover, it is clear that the justification for the Terry-type stop does not automatically terminate upon completion of the crime. See, e.g., U.S. v. Hensley, 469 U.S. 221, 234, 105 S.Ct. 675, 683, 83 L.Ed.2d 604 (1985).

This court, as well, in analyzing whether a particular limited stop has been justified under the circumstances, has employed a similar analysis. Factors, among others, to be considered are (1) the particularity of the description, if any, of the offender; (2) the size or extent of the area in which the offender may be found as indicated by such facts as the elapsed time since the crime occurred; (3) the number of persons about in the area; (4) the known or possible direction of a person's flight, if any; (5) the observed activity of the person stopped; (6) knowledge or suspicion that the person stopped has been involved in criminality of the type presently under investigation. See, e.g., Appelgate v. Commissioner of Public Safety, 402 N.W.2d 106, 108 (Minn.1987). See, also 3 W. LaFave, Search & Seizure Sec. 9.3(d), at 460. Our court, as well as courts of other states, have recognized that in order to "freeze" the situation, the stop of a person present at the scene of a recently committed crime of violence may be permissible without trampling on the Fourth Amendment prohibition against unreasonable search and seizure. Appelgate, 402 N.W.2d at 108. ³ See also People v. Juarez, 35 Cal.App.3d. 631, 110 Cal.Rptr. 865 (1973). Especially is such a stop deemed permissible where only a limited number of persons are present at the scene of a violent crime.

In the present case, within minutes of receiving the report of a crime, Officer Greeman alone, at 11 p.m., arrived at the scene. Upon arrival it was immediately obvious that a violent crime had recently occurred. The officer found a victim lying on the ground, covered with blood, and while unconscious, being attended by paramedics. An atmosphere of haste pervaded the scene. Paramedics were in a hurry to get the victim to a hospital. No weapon was immediately apparent. One bystander (Oates), at least, was engaged in a shouting match with, and clearly interfering with, the work of the paramedics....