State v. Dickey
2013 Minn. App. LEXIS 15
| Minn. Ct. App. | 2013Background
- Police executed a warrant at the residence shared by appellant Dickey and J.A. based on a confidential reliable informant (CRI); the warrant named only J.A. and authorized only a search of the residence, not vehicles.
- The CRI information included descriptions and license plates for two vehicles, including the Dodge Dakota used by both, and advised that appellant and J.A. used it.
- During the search, officers found marijuana, drug paraphernalia, and a grow operation in the bedroom shared by Dickey and J.A., along with mail to Dickey and clothing for both men and women.
- J.A. stated that Dickey would arrive at the residence in the Dodge Dakota; based on information from the CRI, and the search, an officer directed another officer to stop the Dakota.
- Dickey admitted methamphetamine in her purse after the vehicle was stopped and a warrant was obtained to search the vehicle, yielding meth in the purse.
- Dickey was charged with fifth-degree controlled substance crime; the district court denied the suppression motion, and Dickey stipulated to the state’s evidence for appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause to arrest for constructive possession of marijuana | Dickey argues Fla Florine-based standards are not met | State asserts joint constructive possession established by bedroom evidence | Probable cause established; stop/arrest valid |
| Legality of the vehicle stop under the felony-arrest exception | Dickey challenges the stop as unlawfully based | State relies on felony-arrest exception and imputed knowledge | Stop lawful; warrantless seizure validated by probable cause to arrest |
Key Cases Cited
- In re Welfare of G.M., 560 N.W.2d 687 (Minn.1997) (probable cause standard for arrest; modified expectations)
- State v. Hawkins, 622 N.W.2d 576 (Minn.App.2001) (burden and standard of probable cause)
- Florine, 303 Minn. 103, 226 N.W.2d 609 (Minn.1975) (constructive possession framework)
- State v. Conaway, 319 N.W.2d 35 (Minn.1982) (imputing pooled knowledge to arresting officer)
- Katz v. United States, 389 U.S. 347 (U.S.) (protection from unreasonable searches and seizures)
- Hensley, 469 U.S. 221 (U.S.) (felony-arrest exception to warrant requirement; vehicle stop)