Minnesota court upholds traffic stop after ‘fire drill’ prank

In late June the Minnesota Court of Appeals ruled that a traffic stop following a fake “fire drill” at a Mankato intersection was reasonable under the law. In general, the Fourth Amendment does not allow officers to conduct an investigatory stop without a sufficient level of reasonable suspicion that some kind of unlawful conduct is happening. That is a simple hunch that something is awry is not a proper basis for police to stop a vehicle.

In 2011, a Mankato police officer says that he drove up behind a car at a Mankato intersection around 2:30 in the morning. He says that several people jumped out of the car and ran around the vehicle. The idea is a known common prank. The officer says that one of the participants ran off after seeing the squad car, but other people jumped back in the car and drove through the intersection.

The officer pulled over the vehicle and ultimately arrested the driver on suspicion of driving while impaired based upon his observations during the early morning traffic stop. The woman challenged the evidence gathered after the original stop, arguing that the officer violated constitutional guarantees against unreasonable intrusion in conducting the stop. Prosecutors argued that the stop was justified.

The Minnesota Court of Appeals agreed with the trial court—the trial judge refused to suppress the DWI evidence. The appellate panel noted that the officer testified that he had to wait 15 to 20 seconds behind the vehicle during the prank while the light was green. The court ruled that the officer was justified in conducting a stop to investigate his suspicion that the driver had violated the law by impeding traffic. Courts generally hold that a minor traffic violation is a sufficient reason to conduct a stop.

While the woman did not prevail in the legal argument, it is important for people to consider raising issues in a criminal case to help protect individual constitutional rights. Constitutional principles would lose their effectiveness if the concepts were not challenged in court.

We have recently discussed the issue of criminal appeals in different contexts—including in the McNeely case, where the Supreme Court ruled that warrantless blood tests in routine DWI cases generally violate the Constitution.

Allowing constitutional rights to erode without challenge is tantamount to allowing the government to potentially obtain a wrongful conviction in the first place. These appellate court rulings typically follow challenges raised in the trial court, where the rubber meets the road in criminal defense.

Source: The Mankato Free Press, “Court: fake fire drill justified drunken driving arrest,” Dan Nienaber, June 29, 2013; Minnesota Court of Appeals, “State v. Holdgrafer, A12-1357, June 24, 2013

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

The Surprising Cost of a Guilty Criminal Plea in Minnesota

Defendants in Minnesota may plead guilty or accept deals without understanding the hidden cost of a guilty criminal plea. A guilty criminal plea, regardless of how appealing it appears, can leave you dealing with substantial lifelong consequences. You may skip lengthy trial proceedings and likely get a lenient sentence, but end up with a criminal record. The record can lead to various financial and collateral consequences, including difficulty in securing employment, loss of housing rights, license revocation, and immigration issues.

What You Can Expect at a Pre-Trial Motions Hearing in Minnesota

The pre-trial motions hearing is a court session you attend after your first arraignment. At the hearing, the prosecution and defense appear before a judge to clear several details about the case before trial. These details include pre-trial motions, evidentiary queries, and constitutional matters.

Refusing Arrest vs. Resisting Arrest in Minnesota: What’s the Difference?

Highly publicized incidents of police using excessive force over the past few years have led to people wondering, “What’s the difference between refusing arrest vs. resisting arrest?” Resisting arrest in Minnesota occurs when you use force to prevent a police officer from making a lawful arrest. Refusing an arrest, on the other hand, involves statements or actions that show reluctance to cooperate with an officer’s instructions without using force.