Pulled Over for Using His Phone. Then Everything Else Got Thrown Out.
A drug charge and a DWI charge, both dismissed, because officers pushed the stop further than the law allowed.
A driver in a small Minnesota town got pulled over for something almost everyone has done: holding a phone while driving. That’s it. That was the whole reason for the stop.
But even though a Minnesota Hands Free violation is a petty misdemeanor payable citation (i.e. not a crime), by the end of the encounter, that driver had been pat searched, handcuffed, questioned, and charged with a felony drug crime and a DWI. Months later, a judge threw out all of it.
The Myth: “If They Find Something, It Counts”
A lot of people assume that once police find drugs or fail a test, the case is basically over. It isn’t. How the evidence was found matters just as much as what was found. In some situations Minnesota Constitutional law provides greater protection in search and seizure matters than the Fourth Amendment to the United States Constitution. In a Minnesota state court criminal case, those important differences are critical to identify and deploy to give you the best chance to help your case.
What Actually Happened
Officers pulled our client over for using his phone while driving. That’s a real, but minor, traffic violation. It should have ended with a citation.
Instead, an officer testified that the driver was “very sweaty” and “appeared somewhat confused,” and used those observations to justify pulling him out of the car and searching him. There was just one problem: the body camera and squad camera showed none of that. The video showed a driver who answered questions clearly, cooperated immediately, and handed over his license and insurance without hesitation.
Why the Camera Won
Courts don’t have to take an officer’s word. Here, the judge reviewed the footage and found it directly contradicted the officer’s testimony. Without genuine signs of impairment, there was no legal basis to expand a simple phone-violation stop into a prolonged detention and pat search.
The Result
Because the search wasn’t legally justified, everything that came from it, the pat search, the drug evidence, the statements, and the blood test, was suppressed. With no admissible evidence left, the felony drug charge and the DWI charge were both dismissed.
What This Means For You
A minor traffic stop can turn into criminal charges fast, based on an officer’s characterization of how you looked or acted. Its important to get the body camera and squad video in your discovery and have a lawyer review it carefully to see if any of it can help your case.
If you’re facing charges that started with a routine stop, call Marie Pacyga at Pacyga Trial Lawyers at 612-339-5844. We know how to obtain and analyze the video footage to reveal the real story. This post is for general informational purposes only and does not constitute legal advice. Every case is different. Contact an attorney to discuss your specific situation.