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MN Supreme Court: Smell of marijuana alone doesn’t justify search
Adam Torgerson moved to suppress evidence that led to methamphetamine charges, saying the smell of marijuana alone does not constitute probable cause to search.
ST PAUL, Minn. — Editor’s Note: The video above first aired on Aug. 23, 2023.
A decision released Wednesday by the Minnesota Supreme Court could have far-reaching implications when it comes to the search of vehicles by law enforcement and the admissibility of evidence gained in those searches.
The decision involves the case of Adam Lloyd Torgerson, who was charged in 2021 with possession of methamphetamine paraphernalia in the presence of a minor and fifth-degree possession of a controlled substance after a traffic stop. During that stop, a Litchfield police officer pulled Torgerson over for an equipment violation, smelled marijuana and conducted a search of his vehicle.
During that search, officers discovered three pipes, a bag filled with a white powdery substance, and a film canister with a broken crystal-like substance that later tested positive for methamphetamine.
Torgerson and his attorneys moved to suppress the evidence, arguing that the officers illegally expanded the traffic stop into a search without probable cause. The two officers testified during a hearing that the smell wasn’t the faintest they’d experienced, but not the strongest either. Neither said they saw any signs of impairment from the defendant.
After considering the matter, a Meeker County District Court judge ordered that the evidence against Torgerson be suppressed and the complaint be dismissed.
The State appealed the District Court decision and was rebuffed again by the State Court of Appeals, which explained that because the officers did not witness Torgerson drive unsafely or erratically, did not recall Torgerson displaying any indicia of impairment, nervous or evasive behavior, or furtive movements, and did not see any drug paraphernalia in plain view in the vehicle, the search was not warranted.
Prosecutors then asked the Minnesota Supreme Court to consider the matter. In court documents, the State argues that “there is established precedent from our court and the United States Supreme Court that clearly holds the odor of marijuana, alone, is sufficient to support probable cause to search a vehicle under the automobile exception.”
Torgerson’s team countered by arguing that, “under the totality of circumstances test, the odor of marijuana, alone, cannot create the requisite probable cause to search a vehicle under the automobile exception.”
After much consideration and the dissection of precedents, the high court’s justices affirmed the rulings of both the district and state appeals courts, saying the smell of marijuana alone did not constitute probable cause for a search and that evidence recovered from Torgerson’s vehicle should be suppressed.
“There was nothing in Torgerson’s actions to give suspicion that he was under the influence while driving, no drug paraphernalia or other evidence to indicate that the marijuana was being used in a manner, or was of such a quantity, so as to be criminally illegal, and no evidence showing that any use was not for legal medicinal purposes,” the court stated in its opinion. “In the absence of any other evidence as part of the totality of the circumstances analysis, the evidence of the medium-strength odor of marijuana, on its own, is insufficient to establish a fair probability that the search would yield evidence of criminally illegal drug-related contraband or conduct.”
The case originated before the official legalization of cannabis in the state of Minnesota this summer.
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The board said performances and classes will cease with the theater’s closure at the end of October.
MINNEAPOLIS — The Minneapolis theater community was dealt a huge blow Friday after it was announced a popular improv performance space will close next month.
Managing director of Uptown’s HUGE Improv Theater, Sean Dillon, confirmed the news to KARE 11 Friday afternoon. Dillon said performances and classes will cease with the theater’s closure at the end of October. A Facebook post published by the theater chalked up the reasons for the decision as “complex, but they ultimately boil down to money.”
“The Board has concluded that, after a series of expected and unexpected challenges, cash flow just cannot sustain the work HUGE was set out to accomplish,” the post reads.
But while the theater maintains the closure comes amid financial troubles, some members of the community believe the closure is related to the resignation of the theater’s co-founder Butch Roy and artistic director Becky Hauser last month. The resignations came after it was alleged the theater whitewashed casting for an upcoming show. The theater’s co-executive and inclusion director, John Gebretatose, went on to write an open letter, questioning the theater’s commitment to diversity among its performers.
Following the resignations, the board released a statement on its website, saying it was “in the process of developing a plan to ensure we reflect our ideal that improv is for everyone.”
The HUGE Improv Theater Board also denied the rumors in its social media post Friday.
“We want to be emphatically clear: the open letter raising concerns about diversity on HUGE’s stage is not the reason for this closure,” the post said. “HUGE was already in a precarious financial situation, and there simply isn’t a viable way forward.
“Our struggle to find sufficient stable funding in no way diminishes the amazing work that HUGE has produced and supported over the years, and more importantly the diverse and enthusiastic community it has fostered.
“We know work still lies ahead to ensure that improv in the Twin Cities is truly a space for everyone, and we look to our community to continue these vital and challenging conversations.”
Co-founder Jill Bernard, who began improv in 1993, is grateful to have helped take the Minneapolis improv scene to new heights.
“When I started improv in 1993, there were very few women, there were very BIPOC performers, and we’ve sort of changed everything that’s possible for people to really hear and use their own voices on stage,” Bernard said. “And I feel like HUGE was a big part of that.”
The theater said it plans to run its shows through October as planned, as well as its fall term classes. The board encouraged the community to support performers and “participate in the life of the theater to the fullest extent you can.”
“There will be more to share as we move forward, but for now: thank you all for everything you have given to this place, and for always being the beating heart of what makes HUGE HUGE.”
A Shorewood woman died Friday after being hit by a truck while crossing the street.
SHOREWOOD, Minn — A woman died on Friday after being hit by a truck while crossing a highway in Shorewood.
It happened at about 1 p.m., according to Minnesota State Patrol, on Highway 7.
Officials said the 65-year-old woman from Shorewood was walking across the highway at Christmas Lake Road when she was struck by a Ford F150 that was turning left onto Highway 7.
The name of the victim has not yet been made public.
After four years, mounting safety concerns, and a Public Utilities Commission hearing, 100+ wind turbine blades stuck Grand Meadow could finally be on the move.
GRAND MEADOW, Minn. — Wind turbines are a common sight across southern Minnesota, but a massive pile of more than 100+ discarded wind turbine blades isn’t something you see every day.
Unless you live in Grand Meadow.
“The whole town is upset about it,” said Patti Harvey who lives near the lot where the blades have been sitting since 2020. “It’s a real mess.”
“This is a nuisance,” said Mower County Commissioner, Polly Glynn, who also lives in the town, which is about 20 miles south of Rochester.
“I call it a turbine graveyard,” said Grand Meadow City Administrator, James Christian, who has been looking for a way to remove the turbines ever since it was clear that they had overstayed their welcome. The owners thought they’d be here for about three months. This was supposed to be just a temporary lay-down yard.”
NextEra Energy decommissioned the blades from its nearby windfarm in 2020, and paid a start-up called RiverCap to remove them.
“Initially, (RiverCap) was going to recycle them, and crush them down into an aggregate that would then go into concrete,” Christian said. “And then this spinoff company from RiverCap, called Canvus, they were going to turn them into furniture. Outdoor furniture.”
“Everything sounded wonderful, but it just didn’t get done,” said Glynn, who said she spoke to and emailed with the recycling company several times. “But every deadline has come and gone.”
Eventually, Glynn said both companies went out of business and the blades became a growing health and safety issue.
“It’s nasty, just nasty stuff,” Havey said. “It’s dirty and the kids want to play on it and there’s all kinds of critters that live in those things.”
“We’ve had a lot of problems with animals out here,” Christian said. “Raccoons, foxes, and other animals that shouldn’t be in town.”
After yet another deadline came and went in July, Christian stopped playing nice.
“I knocked on every door and called every number I could find until I finally got to the Utilities Commission,” he said.
After looking into the site permit for the wind farm, Christian decided to file a complaint against NextEra Energy.
“In the initial permit application, they said that they were going to have these things taken care of, recycled or put in a proper facility,” he said.
In the PUC hearing about that complaint on Thursday, NextEra Energy representatives said they do not have ownership of the blades, but with the owners out of business and unresponsive the commission ordered NextEra to take action.
“When we do these permits, we expect you to act in good faith and follow your commitments and you have the permit obligation to put them at an appropriate facility,” said commissioner John Tuma. “I find it not appropriate. I find that sticking it in Grand Meadow is not a final resting place.”
NextEra Energy then agreed to get to work.
“Removal must start by Oct. 5 and must be completed by Dec. 15 of this year,” Christian said. “It felt like I was finally being listened to.”
“James (Christian) has really stepped up and tried to get this out,” Glynn said. “I feel pretty good that we’ve got some clout behind it now. Hopefully, it will get done.”
Christian: “I’ll believe it when I see it, but I do have a little more faith than I had yesterday morning.”
Erdahl: “Are they going to throw you a parade if this actually happens?”
Christian: “There was mention yesterday of a parade once the final truck leaves town. Put some banners and ribbons on it.”
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