State v. Hussong
Court of Appeals of Minnesota
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
- Carroll v. United StatesSupreme Court of the United States · 1925
- State v. AskeroothSupreme Court of Minnesota · 2004
- State v. WiegandSupreme Court of Minnesota · 2002
- State v. GeorgeSupreme Court of Minnesota · 1997
- State v. HarrisSupreme Court of Minnesota · 1999
7 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Mell v. Commissioner of Public SafetyCourt of Appeals of Minnesota · 2008
- State v. WigginsCourt of Appeals of Minnesota · 2010
- ALAZAJUAN M. GRAY and CLIFTON SMITH v. UNITED STATES.District of Columbia Court of Appeals · 2016
- ALAZAJUAN M. GRAY and CLIFTON SMITH v. UNITED STATES.District of Columbia Court of Appeals · 2016