889 N.W.2d 308
Minn. Ct. App.2016Background
- In January 2013 S.A. called police because an intoxicated guest (Ries) at her apartment appeared to have a gun while her infant slept; she told officers who had the gun and where it was located.
- Officers entered to remove the men and secure the handgun; they grabbed Ries’s hands, handcuffed him, rolled him over and conducted a pat of his outer clothing, discovering a loaded handgun; Ries was arrested for ineligible possession of a firearm.
- At trial a prospective juror (A.P.), a 911 dispatcher, said she would likely give more weight to police testimony and might side with officers if testimony conflicted; the court denied Ries’s for-cause challenge to A.P.; Ries did not use a peremptory to remove her; jury convicted Ries.
- Ries filed postconviction relief arguing (1) denial of the for-cause strike created structural error due to juror bias, and (2) the gun should have been suppressed as the fruit of an unconstitutional seizure/search; the postconviction court granted a new trial for juror bias but denied suppression.
- The State appealed the new-trial grant; Ries separately appealed the denial of suppression; the Court of Appeals reviewed whether the juror was actually biased and whether the seizure/frisk was reasonable under Terry and related exceptions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether defendant forfeited challenge to denial of a for-cause strike by not using a peremptory | State: Ries forfeited the claim by not using a peremptory to remove A.P. | Ries: Martinez-Salazar permits preserving Sixth Amendment claim without using peremptory | Court: No forfeiture; defendant may either use a peremptory or preserve the for-cause claim on appeal |
| Whether juror A.P. was actually biased and, if so, whether rehabilitation was adequate | State: A.P. was rehabilitated and could be impartial | Ries: A.P.’s statements showed actual bias in favor of police and rehabilitation was insufficient | Court: A.P. expressed actual bias and was not properly rehabilitated; structural error -> new trial |
| Whether officers’ actions (handcuffing, rolling, pat) amounted to an unconstitutional seizure/search | Ries: Seizure/search violated Fourth Amendment and gun must be suppressed | State: Search justified by emergency-aid/community-caretaking or Terry frisk | Court: Seizure occurred but pat-search was reasonable under Terry/community-caretaking; suppression denied |
| Whether protective frisk standard applied given facts (intoxicated, armed, sleeping) | Ries: No basis for Terry because no crime suspected or refusal to leave | State: Facts (intoxicated, armed, posed risk) gave reasonable, articulable suspicion officer/safety risk | Court: Officers had reasonable suspicion a startled Ries could be dangerous; limited frisk was justified |
Key Cases Cited
- United States v. Martinez-Salazar, 528 U.S. 304 (2000) (defendant need not use a peremptory to preserve a Sixth Amendment challenge to denial of a for-cause strike)
- Terry v. Ohio, 392 U.S. 1 (1968) (limited protective frisk permissible where officer has reasonable, articulable suspicion person is armed and dangerous)
- State v. Fraga, 864 N.W.2d 615 (Minn. 2015) (permitting reversal for seating a biased juror; deference to district court factual findings on bias)
- State v. Logan, 535 N.W.2d 320 (Minn. 1995) (discussion of juror bias and peremptory use; addressed by Martinez-Salazar)
- State v. Lemieux, 726 N.W.2d 783 (Minn. 2007) (warrantless entry/search justified under emergency-aid/community-caretaking functions)