1 N.W.3d 871
Minn.2024Background
- The case involves Ayyoob Dawood Abdus-Salam, charged with two counts of second-degree riot stemming from organizing intersection "takeovers" in Minnesota, where cars spun "donuts" near crowds.
- Second-degree riot under Minn. Stat. § 609.71, subd. 2, requires proof that during the riot, a participant was armed with a "dangerous weapon."
- The State argued the vehicles used during the "takeovers" became dangerous weapons due to their manner of use, particularly with people in close proximity and one incident where a spectator was physically struck.
- The district court dismissed both charges for lack of probable cause, finding no evidence the cars were used in a manner calculated to cause death or great bodily harm.
- The court of appeals reversed, holding the State had provided enough facts to establish probable cause that the vehicles were used as dangerous weapons; the Supreme Court granted review.
- The Supreme Court interpreted the statutory language surrounding "dangerous weapon" and reviewed the sufficiency of facts for probable cause.
Issues
| Issue | Abdus-Salam's Argument | State's Argument | Held |
|---|---|---|---|
| Definition of "likely" in "dangerous weapon" | "Likely" means "highly probable"—a high threshold. | "Likely" means "probable or reasonably expected." | "Likely" means "probable or reasonably expected." |
| Probable cause for use as dangerous weapon | Vehicles were not used in a manner calculated for harm. | Vehicles were used in a way likely to cause harm. | Probable cause existed for jury to decide. |
| Court's probable cause analysis | District court evaluated only "calculated" prong. | Both "calculated" and "likely" should be considered. | Both prongs must be analyzed. |
| Dismissal of charges | Proper—no evidence of intent to harm. | Improper—evidence sufficient for jury consideration. | Dismissal reversed, charges reinstated. |
Key Cases Cited
- State v. Gebremariam, 590 N.W.2d 781 (Minn. 1999) (addressing jury instructions on "dangerous weapon" and noting a lack of focus on the "calculated or likely" language)
- State v. Basting, 572 N.W.2d 281 (Minn. 1997) (clarifying that both the object and its manner of use should be examined when deciding if it is a dangerous weapon)
- State v. Dixon, 981 N.W.2d 387 (Minn. 2022) (stating district courts should deny dismissal for lack of probable cause if facts would preclude acquittal at trial)