State of Minnesota v. Mary Lynn Boline
A16-1290
| Minn. Ct. App. | Feb 6, 2017Background
- At ~1:30 a.m. an officer followed Boline after she left a bar; she was driving 24 mph in a 35 mph zone.
- The officer observed Boline briefly use a left turn signal, cancel it, then reactivate it and turn left at the next intersection.
- Boline pulled into a second driveway on the cross street; the car’s registered address differed from that driveway and the officer thought this conduct suspicious.
- After circling the neighborhood the officer resumed following Boline when she turned onto northbound West Broadway.
- The officer stopped the car when the roadway expanded from one to two northbound lanes and Boline did not signal upon entering the new rightmost lane; subsequent sobriety testing led to arrest and charges.
- Boline moved to suppress evidence from the stop; the district court granted suppression, holding the officer lacked reasonable, articulable suspicion and that no signal violation occurred. The state appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officer had reasonable, articulable suspicion to stop Boline based on pre-stop conduct (slow speed, driveway pull-in, direction change) | Those facts, especially at 1:30 a.m. after leaving a bar and pulling into a driveway different from the registered address, supported suspicion of furtive/evading conduct and possible DUI | Pre-stop facts were innocuous and common (driving below limit, brief driveway stop, returning on same street); officer himself said he lacked a legal basis to stop earlier | No. Court held pre-stop observations were insufficient to create reasonable, articulable suspicion; officer’s own decision not to stop earlier supports lack of objectively reasonable suspicion |
| Whether failing to signal when roadway expanded to two lanes violated Minn. Stat. §169.19, subd. 4, justifying the stop | Failure to signal upon entering the rightmost lane constituted a signal violation, supplying legal basis for the stop | Boline did not change lanes or move left/right; she remained on the fog line and stayed in a direct course as the road simply added a lane | No. Court interpreted the statute to require signaling when turning or moving right/left on the highway; merely continuing in the rightmost position as the road expanded is not a violation; stop therefore unjustified |
Key Cases Cited
- Heien v. North Carolina, 135 S. Ct. 530 (Sup. Ct.) (reasonable-suspicion standard for investigatory stops)
- Terry v. Ohio, 392 U.S. 1 (U.S. 1968) (standard for stop and frisk; reasonable suspicion requirement)
- State v. Johnson, 444 N.W.2d 824 (Minn. 1989) (conduct suggesting deliberate evasion can justify stop when officer reasonably infers evasion)
- State v. Bissonette, 445 N.W.2d 843 (Minn. App. 1989) (statute requires signaling for lane changes on a highway)
- State v. Diede, 795 N.W.2d 836 (Minn. 2011) ("reasonable-suspicion standard is not high" but excludes inchoate hunches)
- State v. Schrupp, 625 N.W.2d 844 (Minn. App.) (similar facts where furtive conduct did not justify stop)
