Snow Obstructing License Plate Frazier V Commissioner .

The Court finds that an officer had a proper basis to stop the petitioner’s motor vehicle where the license plate was partially obstructed by snow making it hard for the officer to read the plate or see the tabs, and it had not snowed for several hours before the officer stopped the vehicle.

Towing of Vehicle illegal State V. Gauster

The defendant was cited for no proof of insurance and requested to make arrangements for someone to come and get the vehicle. The officer decline and towed the vehicle, which was lawfully parked, and did not constitute a  traffic hazard in the middle of the day. Disagreeing with the District court, the Supreme Court finds the police did not have the authority to tow the vehicle, and therefore the subsequent inventory search that led to the discovery of drugs was unlawful and the evidence must be dismissed.

Inventory Search-Loose panel State V Delaney Johnson

During an inventory search, the officer noticed a loose cassette player panel that appeared to have been removed. The officer removed the panel with his fingers and found a firearm that was placed inside a sock. The officer testified that he had found contraband and valuables in panels, compartments and vents in the vehicle many times. The Court finds that the inventory search was conducted in accordance with police department policy and affirms a denial of the defendants motion to suppress.

Loud Muffler                  State v. Gedicke

The court reverses the dismissal of a charge of felony fleeing a police officer in a motor vehicle, and finds that the officer had a reasonable basis to stop the  ATV the defendant was driving based on the officers belief that the muffler violated Minnesota statute 169.69. It was only necessary that the officer reasonably believed that the muffler was unlawful.

DWI 45 Minutes for an attorney Bray V. Commissioner

The court affirms the revocation of petitioner’s driving privileges where the petitioner was given appx. 45 minutes to contact an attorney, and he attempted to reach only one particular attorney and declined to contact any other lawyer. The record shows that the petitioner refused to take the test without speaking to his attorney.

Right to Counsel-No glasses State V. Knutson

Defendant was given thirty minutes to reach a lawyer and claimed he could not read the phone book because he was missing his glasses. An officer provided a pair of reading glasses which the defendant claimed did not help. The District Judge found the defendant’s claim that he could not read the phone book “did not appear to be genuine”. The Court finds the defendant’s right to counsel was vindicated.

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