State v. Smith, 2012 Minn. LEXIS 239

Smith was stopped for speeding on Highway 52 in Dakota County; observed not wearing a seatbelt and lacked proof of insurance.
The stop culminated with Smith pulling onto the highway shoulder before squad lights were activated, later yielding Illinois plates.
Officer Ehrhardt noted Smith’s extremely violent shaking and evasive explanations about the shaking and medical condition.
Gensmer directed Ehrhardt to pursue further questioning and to ask about illegal items or weapons in the car; a box of ammunition was observed in the backseat.
Smith admitted to having a pistol and the officers then escorted him out, retrieved the pistol from the car, and conducted a search.
Two days later, Smith was charged with gross misdemeanor possession of a pistol without a permit and misdemeanor illegal transportation of a firearm; suppression motion denied; appellate courts upheld admission of the pistol.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Ehrhardt’s question expanded the stop without reasonable suspicion	Smith: expansion without reasonable suspicion; pistol should be excluded	State: question could be a permissible expansion supported by circumstances	Pistol admissible; expansion supported by reasonable suspicion

State v. Askerooth, 681 N.W.2d 353 (Minn. 2004) (reasonableness limits scope and duration of a stop)
State v. Wiegand, 645 N.W.2d 125 (Minn. 2002) (nervousness alone not sufficient for suspicion)
State v. Fort, 660 N.W.2d 415 (Minn. 2003) (expansion requires suspicion; drugs/weapons context)
State v. Burbach, 706 N.W.2d 484 (Minn. 2005) (unreasonable nervousness cannot support suspicion)
State v. Diede, 795 N.W.2d 836 (Minn. 2011) (nervousness after certain police actions not enough)
State v. Timberlake, 744 N.W.2d 390 (Minn. 2008) (minimal objective justification required)