State v. Lee
Court of Appeals of Minnesota
1DissentShort, Judge
I respectfully dissent. The trial court erred by suppressing the blood test evidence because Officer Wayne had probable cause to believe Lee had committed criminal vehicular operation. In determining whether an officer has probable cause, the trial court should consider the totality of the circumstances, recognizing that a trained officer may make inferences and deductions that might elude an untrained person. See State v. Kvam, 336 N.W.2d 525, 528 (Minn.1983) (quoting United States v. Cortez, 449 U.S. 411, 418, 101 S.Ct. 690, 695, 66 L.Ed.2d 621 (1981)). Officer Wayne could infer from (1)…
2Cases cited3 opinions
- United States v. CortezSupreme Court of the United States · 1981
- State v. KvamSupreme Court of Minnesota · 1983
- Heuton v. Commissioner of Public SafetyCourt of Appeals of Minnesota · 1995