State of Minnesota v. Ralph Joseph Thunder
A16-0745
| Minn. Ct. App. | Feb 13, 2017Background
- Shortly before midnight, dispatch received two independent complaints that a male motorcyclist appeared intoxicated near a residence on Highway 371; one caller reported the rider had fallen into a ditch repeatedly and another reported the rider smelled of alcohol and could cause an accident.
- A sheriff’s deputy was informed the motorcyclist left heading north; the deputy drove north and encountered a motorcycle going north about 1.5 miles past the residence.
- The deputy observed the motorcycle weaving continuously and severely within its lane; the deputy feared a crash and stopped the motorcycle.
- The driver (appellant Ralph Thunder) was arrested for DWI; appellant moved to suppress evidence arguing the stop lacked reasonable, articulable suspicion.
- The district court denied suppression, the appellant stipulated and waived a jury, and the court found him guilty of DWI (alcohol concentration 0.08 or above).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the stop supported by reasonable, articulable suspicion of criminal activity? | The state: deputy had reasonable suspicion based on two independent tips plus observed continuous weaving suggesting intoxication. | Thunder: the stop was unlawful because informant tips and momentary weaving did not indicate criminal activity. | Yes. The totality of circumstances (two tips + continuous weaving) provided reasonable suspicion to stop. |
Key Cases Cited
- State v. Morse, 878 N.W.2d 499 (Minn. 2016) (totality-of-circumstances standard and officer inferences in traffic-stop analysis)
- State v. Dalos, 635 N.W.2d 94 (Minn. App. 2001) (continuous weaving within lane alone can create reasonable suspicion)
- State v. Ellanson, 293 Minn. 490 (Minn. 1972) (officer may stop driver to investigate unusual driving even without traffic violation)
- State v. Brechler, 412 N.W.2d 367 (Minn. 1987) (officer lacked basis to stop when only brief swerving observed and no additional indicia of criminal activity)
- Marben v. State, Dep’t of Pub. Safety, 294 N.W.2d 697 (Minn. 1980) (traffic stop must not be product of whim or idle curiosity)