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Warrick v. Commissioner of Public Safety

Minnesota Court of Appeals
Oct 8, 1985
374 N.W.2d 585 (Minn. Ct. App. 1985)

Summary

holding that considering the wind and impaired visibility, subtle weaving within lane and slight speed changes did not reasonably warrant stop

Summary of this case from State v. Saxton

Opinion

No. C1-85-883.

October 8, 1985.

Appeal from the District Court, Stearns County, Richard J. Ahles, J.

Harry E. Burns, II, St. Cloud, for respondent.

Hubert H. Humphrey, III, Atty. Gen., Joel A. Watne, Sp. Asst. Atty. Gen., St. Paul, for appellant.

Heard, considered and decided by WOZNIAK, P.J., and PARKER, and LESLIE, JJ.


OPINION


Respondent Wendy Warrick petitioned the trial court for rescission of the proposed revocation of her driving privileges, and the rescission was ordered. The Commissioner of Public Safety appeals the rescission. We affirm.

FACTS

Officer David Leigh was on routine patrol on Highway 75, at approximately 1:45 A.M. on December 30, 1984, when he first noticed the pick-up truck which respondent was driving. He observed it weaving within its lane in a manner he described as "subtle" and involving inches; it did not cross over either the fog line or the center line. The speed varied from 40 to under 50 m.p.h., although it was generally within the 40 to 45 m.p.h. range. Neither the speed nor the weaving amounted to a violation of law. The weather was cold and windy, and the visibility was impaired.

After following respondent's vehicle for approximately five miles, Leigh decided to stop the driver. Respondent was arrested for driving while intoxicated, and her license was subsequently revoked. She brought a petition for judicial review, and a hearing was held. The trial court found that the officer had insufficient articulable grounds to make the initial stop and that the Commissioner failed to prove by a preponderance of the evidence that the officer had reasonable and probable cause to believe respondent was driving the motor vehicle while under the influence of alcohol, and rescinded the revocation of respondent's driving privileges. We affirm.

ISSUES

1. On the undisputed evidence in the record, did the officer have articulable suspicions which warranted a brief investigatory stop?

2. On the undisputed evidence in the record, did the officer have probable cause to believe that respondent had been driving while under the influence of alcohol?

ANALYSIS

1. The facts in this case are not in dispute. Instead, appellant Commissioner challenges the trial court's determinations of law. If the trial court has erroneously applied the law, we will overturn its decision. Noren v. Commissioner of Public Safety, 363 N.W.2d 315, 317 (Minn. Ct. App. 1985).

Under the fourth amendment to the United States Constitution, a police officer may not stop a motor vehicle without a reasonable basis. A brief investigatory stop requires only reasonable suspicion of criminal activity rather than probable cause. Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). The suspicion must be "specific and articulable" before such a stop is justified. Marben v. State, Dept. of Public Safety, 294 N.W.2d 697, 699 (Minn. 1980). However, actual violation of the traffic laws is not required. Id.

Applying those principles to the facts, it is apparent that the officer did not have sufficient articulable facts to make the brief investigatory stop. In view of the wind and the impaired visibility, the "subtle" weaving of the driver and the speed changes, principally between 40 and 45 m.p.h., do not reasonably warrant the intrusion of a brief investigatory stop. See State v. Johnson, 257 N.W.2d 308, 309 (Minn. 1977). The trial court properly rescinded the revocation of respondent's driving privileges, where the stop of the vehicle which she was driving was illegal.

2. Appellant challenges the trial court's determination that there was an insufficient showing that the officer had reasonable and probable grounds to believe that respondent was driving a motor vehicle while under the influence of alcohol. Because our ruling on the first issue is dispositive, we need not address this issue.

DECISION

The trial court did not err in finding, upon the basis of undisputed facts, that there were insufficient facts to support a brief investigatory stop.

Affirmed.


Summaries of

Warrick v. Commissioner of Public Safety

Minnesota Court of Appeals
Oct 8, 1985
374 N.W.2d 585 (Minn. Ct. App. 1985)

holding that considering the wind and impaired visibility, subtle weaving within lane and slight speed changes did not reasonably warrant stop

Summary of this case from State v. Saxton

finding "subtle" weaving within lane over course of five miles did not justify investigatory detention

Summary of this case from State v. Pratt

finding no reasonable suspicion where intra-lane weaving was "`subtle' and involving inches"

Summary of this case from State v. Pratt

In Warrick, the officer testified that the defendant's vehicle weaved "within its lane in a manner he described as "subtle?

Summary of this case from O'Fallon v. Commissioner of Public Safety

In Warrick v. Comm'r of Pub. Safety, 374 N.W.2d 585 (Minn.App. 1985), on which the district court relied, this court found that none of the driving conduct was a violation of law.

Summary of this case from State v. Valentino

In Warrick, this court affirmed the district court ruling that on the undisputed facts, in light of wind and the impaired visibility on the road, the "subtle" weaving of the driver and speed changes, primarily between 40 and 45 miles per hour, did not warrant the intrusion of a brief, investigatory stop.

Summary of this case from Coyne v. Commissioner of Public Safety

In Warrick v. Comm'r Pub. Safety, 374 N.W.2d 585, 586 (Minn.App. 1985), we held that subtle weaving of a vehicle that did not cross over either the fog line or the center line did not reasonably warrant an investigative stop, especially in light of the poor weather conditions and impaired visibility.

Summary of this case from State v. Siemer
Case details for

Warrick v. Commissioner of Public Safety

Case Details

Full title:Wendy Jane WARRICK, Petitioner, Respondent, v. COMMISSIONER OF PUBLIC…

Court:Minnesota Court of Appeals

Date published: Oct 8, 1985

Citations

374 N.W.2d 585 (Minn. Ct. App. 1985)

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