Legal Opinion

State v. Hussong

Court of Appeals of Minnesota

Decided October 16, 2007No. A07-785PublishedCited by 4 opinions

1Opinion of the Court

OPINION

ROSS, Judge.

The state appeals from a pretrial order suppressing evidence of a boater’s intoxication in a boating-while-intoxicated prosecution. The district court held that a deputy who stopped Joel Hussong’s boat for a moving violation did not have probable cause or reason to suspect any other offense until after the deputy initiated an unconstitutional safety-equipment inspection of the boat. Minnesota law requires all watercraft to carry an immediately available Type IV personal flotation device. Because Hussong did not have a Type TV device in plain sight of the deputy who stopped…

2Cases cited12 opinions

  1. Carroll v. United StatesSupreme Court of the United States · 1925
  2. State v. AskeroothSupreme Court of Minnesota · 2004
  3. State v. WiegandSupreme Court of Minnesota · 2002
  4. State v. GeorgeSupreme Court of Minnesota · 1997
  5. State v. HarrisSupreme Court of Minnesota · 1999

7 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Mell v. Commissioner of Public SafetyCourt of Appeals of Minnesota · 2008
  2. State v. WigginsCourt of Appeals of Minnesota · 2010
  3. ALAZAJUAN M. GRAY and CLIFTON SMITH v. UNITED STATES.District of Columbia Court of Appeals · 2016
  4. ALAZAJUAN M. GRAY and CLIFTON SMITH v. UNITED STATES.District of Columbia Court of Appeals · 2016

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