Conditional Release Violation - Case Law Update
If you are arrested for a crime in Minnesota, it is likely that you will be placed on bail or release conditions. The release conditions can be quite simple – to remain law abiding and make all future court appearances. However, sometimes the Court may require you to abstain from alcohol or drugs, to participate in random testing, or to have no contact with a specific individual or business. A conditional release violation will have an impact on your pending case. The judge may issue a warrant, hold you in jail, increase bail, or add more conditions. Although these ramifications are tied to your current case, that does not mean that the conditional release violation is actually criminal.
For example, if a 30-year-old person drinks alcohol, violating a condition to remain sober, the underlying violation is not criminal – a 30-year-old obviously can legally drink. But, if the Court issues a Domestic Abuse No Contact Order, a violation of that condition is criminal and could result in new criminal charges.
State v. Sargent
This raises the question of whether a police officer who executes a traffic stop can inquire into a person’s conditions of release for further investigatory purposes. The Supreme Court, on December 29, 2021, rendered an opinion regarding the issue. In State v. Sargent, an officer executed a traffic stop for failing to properly signal a turn. The officer could smell alcohol coming from the vehicle, but the driver maintained that she was sober. The officer properly tested the driver for signs of impairment – confirming the drivers sobriety. The three passengers stated that they had all been drinking. The officer recognized one of the passengers, Sargent, who had a pending criminal case. The officer remembered that Sargent was released on conditions but did not remember if abstaining from alcohol was one of the specific conditions. The officer asked Sargent if the Court ordered him to abstain from alcohol, and Sargent answered yes. At that point, the officer placed Sargent under arrest for conditional release violation, searched him, and located ammunition in his pocket. The state charged Sargent with illegal possession of ammunition.
The Supreme Court overruled his conviction, stating that the officer unreasonably expanded the scope of the traffic stop. The Court explained that a conditional release violation, especially an abstinence condition, did not amount to reasonable suspicion of a crime and, therefore, expanding the scope of the stop to investigate non-criminal activity was unconstitutional:
“Indeed, it is precisely the noncriminal nature of Sargent’s conduct that leads us to conclude that the officer’s questioning was unreasonable in its scope. Permitting law enforcement officers to subject motorists and their passengers to questioning about noncriminal conduct with no nexus to the initial purpose for the stop, even if done in a reasonable manner, is incompatible with “the individual’s right to personal security free from arbitrary interference by law officers” guaranteed by Article I, Section 10 of the Minnesota Constitution. Thus, we reaffirm the fundamental principle that under Article I, Section 10 of the Minnesota Constitution, an officer must have reasonable articulable suspicion of criminal activity—that is, conduct that is a crime under Minnesota law—to expand the scope of a traffic stop…. In sum, we reaffirm the principle that law enforcement officers must have reasonable articulable suspicion of criminal activity to expand the scope of a traffic stop. We hold that a does not constitute criminal activity. Accordingly, we conclude that the officer’s questioning of Sargent about the conditions of his pretrial release exceeded the permissible scope of a traffic stop in violation of Article I, Section 10 of the Minnesota Constitution.”
Minnesota Criminal Defense Attorneys
The caselaw surrounding traffic stops, searches, and seizures is very complex. And an in-depth, comprehensive analysis of a police officer’s conduct is essential in providing an adequate defense to a criminal charge. Our team at North Star Criminal Defense takes a multi-eye approach to every case. Meaning, your case will be analyzed, discussed, and managed by each member of our team – assuring all issues are examined, all strategies are considered, and all remedies are pursued.
Don’t take your criminal case on by yourself. Contact our team of highly skilled attorneys today and we’ll get started right away.