State v. Diede, 2011 Minn. LEXIS 137

Erika Diede was charged with fifth-degree possession of methamphetamine after a field seizure incident tied to a traffic stop connected to a passenger’s arrest.
Detective Jensen seized Diede during an encounter initiated to investigate Hanson’s possible narcotics sales; Hanson was later arrested for prior drug offenses.
Diede remained in the truck, while multiple officers arrived; a cigarette package was later subjected to a search request.
Two police reports described whether Diede opened the cigarette package before or after being asked to do so; the reports conflict.
A field test confirmed 0.3 grams of methamphetamine in the cigarette package; district court denied suppression and found guilt; Court of Appeals affirmed; Minnesota Supreme Court granted review.
The Court reverses suppression, holding the search exceeded the initial seizure scope and consent was not voluntary; inevitable-discovery argument rejected.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did the seizure have a reasonable articulable suspicion?	Diede’s seizure lacked reasonable suspicion.	Jensen’s six factors supported suspicion.	No; seizure not based on reasonable suspicion.
Was the cigarette-package search within the seizure’s scope?	Search exceeded the permissible scope.	Search fell within license-plate investigation scope.	No; search exceeded scope.
Was Diede's consent to search voluntary?	Consent was voluntary.	Consent obtained under coercive circumstances.	No; consent not voluntary.
Does inevitable discovery justify the evidence?	Evidence would have been inevitably discovered lawfully.	Inevitable discovery supported by lawful means.	No; not proven inevitable.

Terry v. Ohio, 392 U.S. 1 (U.S. 1968) (limits on seizure to reasonable suspicion)
State v. Cripps, 533 N.W.2d 388 (Minn. 1995) ( Terry framework; scope of seizures)
Askerooth, 681 N.W.2d 353 (Minn. 2004) (expansion of stop requires independent basis)
Fort, 660 N.W.2d 415 (Minn. 2003) (narcs search not connected to stop; improper intrusion)
Dezso, 512 N.W.2d 877 (Minn. 1994) (consent and voluntariness; per se coercive circumstances)
George, 557 N.W.2d 575 (Minn. 1997) (two officers; coercive appearance; consent evaluation)
Harris, 590 N.W.2d 90 (Minn. 1999) (totality of circumstances; credibility of consent)
Lemieux, 726 N.W.2d 783 (Minn. 2007) (standard for reviewing factual findings)
Licari, 659 N.W.2d 243 (Minn. 2003) (consent exception to warrant requirement)
Ybarra v. Illinois, 444 U.S. 85 (U.S. 1979) (proximity alone not enough for search without suspicion)
Pringle, 540 U.S. 366 (U.S. 2003) (car occupants; no owner-specific probable cause)
Houghton, 526 U.S. 295 (U.S. 1999) (vehicle-search and passenger contents; scope of search)
Hatton, 389 N.W.2d 229 (Minn.App. 1986) (inevitable discovery; prohibitions on certain lines of reasoning)