Pubdate: Sun, 02 Aug 2009
Source: Free Press, The (MN)
Copyright: 2009 The Free Press
Contact:  http://www.mankatofreepress.com/
Details: http://www.mapinc.org/media/2566
Author: Dan Nienaber
Bookmark: http://www.mapinc.org/find?246 (Policing - United States - News)

DRUG ARREST PASSES SMELL TEST

State Supreme Court Upholds B.E. County Arrest

A Minnesota State Patrol trooper had legal grounds to search the 
passenger in a car after smelling marijuana and finding a dollar bill 
that tested positive for cocaine, according to a Minnesota Supreme 
Court ruling issued last week.

Trooper Chad Mills searched 43-year-old Danny Ortega of Claremont 
after telling him to get out of a car and wait while Mills' police 
dog, Rex, searched it. Mills had stopped the car's driver, 
47-year-old Lorna Sorg of Dodge Center, in Blue Earth County on Aug. 7, 2004.

While speaking with Sorg, Mills reported smelling a faint odor of 
marijuana. He also found the rolled up dollar bill in a cup holder in 
the center console of the car after getting consent from Sorg to 
search the car. Rex also "alerted" on the seat where Ortega and been sitting.

Ortega had already voluntarily handed Mills a pocket knife and a 
small amount of marijuana prior to being patted down, court records 
said. After finding the additional evidence in the car, Mills told 
Ortega he was under arrest and searched him more thoroughly.

That's when a small amount of cocaine was found in Ortega's back pocket.

Ortega later pleaded guilty to a felony charge of fifth-degree 
cocaine possession and received a stayed sentence. However, Ortega 
was allowed to challenge the conviction by filing an appeal arguing 
the search was illegal. The Minnesota Court of Appeals issued a 
ruling last year that said, even though possession of a small amount 
of marijuana is only a petty misdemeanor, the marijuana Mills found 
gave him probable cause to search Ortega for a criminal amount.

Ortega brought his appeal to the Supreme Court. That unanimous 
ruling, written by Supreme Court Justice Alan Page, also said Mills 
had legal grounds to search Ortega, but cites the cocaine found in 
the vehicle and the fact that Ortega was being placed under arrest.

Searches without a warrant are unconstitutional unless they fall 
under a legally recognized exception, the ruling said. One exception 
is when someone is being placed under arrest.

"We conclude the cocaine found in the vehicle provided probable cause 
to arrest Ortega and thus search him incident to his arrest," Page said.

Ortega also argued that he should have been allowed to walk away 
after the traffic stop and before the rolled up bill was found in the 
car. Mills had grounds to keep Ortega at the scene because Mills was 
alone and had a valid safety concern, the Supreme Court ruling said.

"We reject Ortega's argument because valid officer safety concerns 
justified Mills' request for Ortega to exit the vehicle and stand 
away from the passenger compartment," Page's explanation said.
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