888 N.W.2d 348
Minn. Ct. App.2016Background
- Confidential source (CS) told police Barker went to Chicago to buy cocaine, marijuana, and "Ecstasy" pills; CS and Barker returned in separate rented cars and CS allowed a tracker on their car.
- On return trip Barker fled a traffic stop in Rice County, crashed, and fled on foot; officers found a Charger key fob on Barker and recovered 258.49 grams of marijuana from the Charger.
- The morning after the crash, officers found three baggies of purple/green pills (30 pills total), a bag of powder, and two rock-like baggies in a ditch south of the crash site; field/BCA testing later identified methamphetamine and cocaine in those items.
- The ditch items were located several hundred to over a thousand feet from the crash site and appeared to have been thrown from the passenger side; passenger window was fully down at the crash site.
- Barker was charged with multiple drug offenses and fleeing; he moved to dismiss the controlled-substance counts for lack of probable cause. The district court dismissed all but the marijuana and fleeing counts; the State appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether probable cause existed to show Barker actually possessed the drugs found in ditch | Circumstantial evidence (CS statements, flight, open passenger window, location/types of drugs, marijuana in car) provides probable cause to infer Barker physically possessed drugs before discarding them | Because drugs were not on Barker at arrest, there is no proof of actual (physical) possession; CS hearsay unreliable | Reversed: probable cause can be established for actual possession by circumstantial evidence; dismissal was erroneous |
Key Cases Cited
- State v. McLeod, 705 N.W.2d 776 (Minn. 2005) (state appeal of pretrial dismissal requires error and critical impact)
- State v. Florine, 226 N.W.2d 609 (Minn. 1975) (distinguishing actual and constructive possession)
- State v. Olhausen, 681 N.W.2d 21 (Minn. 2004) (circumstantial evidence can prove actual possession despite not being in defendant’s hands at arrest)
- State v. Florence, 239 N.W.2d 892 (Minn. 1976) (probable cause standard: evidence that would preclude directed verdict of acquittal)
- State v. Arnold, 794 N.W.2d 397 (Minn. App. 2011) (physical handling of drugs can prove actual possession even if not on person at arrest)