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State v. Johnson5/4/2004
cki's observations and Johnson's admission would be something "so obtained."
Nothing in the language of the statute indicates that a broad definition of "property" or "anything so obtained" includes the officer's observation in this case. The word "property" is used six times in the section. Although there are points in the section where some ambiguity could be found as to what type of evidence is inadmissible, an even-handed reading of the statute makes strained an interpretation that is expanded beyond "property." For this reason, we decline to adopt Johnson's interpretation to the extent it includes the observations of the officers. The cost of excluding the reliable, probative evidence of the officer's observations outweighs the benefits of the possible deterrence effect of the illegal search and seizure. There was no proof that Officer Zawacki knew Johnson was on probation when he arrested him. [FN2]
FN2. Johnson makes no claim and the record does not indicate that this is a situation where a person known to be on probation is shadowed by law enforcement, the officer stops the person on an unsustainable pretext, and the prosecution uses what the officer saw in the illegal stop to revoke probation.
The district court stated that although Johnson's statements were admissible, Officer Zawacki's observations were adequate to find a violation of probation. Although we review de novo the ruling on admission of evidence as a question of law, determining whether the evidence constitutes a violation of probation is a factual matter which we review under the abuse of discretion standard. State v. Austin, 295 N.W.2d 246, 249-50 (Minn.1980). We conclude that the district court did not abuse its discretion in determining that there was adequate evidence that Johnson had violated probation by using alcoholic beverages. We therefore do not need to reach the issue of whether Johnson's own admissions constitute property under Minn.Stat. § 626.21.
Johnson also argues that the district court's change of position on the admissibility *177 of his statement prejudiced him. Johnson states that because the district court initially ruled his statement was inadmissible, he failed to closely cross-examine Officer Zawacki. We disagree. The district court stated that it found Johnson violated that term of probation based on Officer Zawacki's observations without relying on Johnson's self-incriminating statement and we have concluded that basis was adequate.
III.
The next issue is whether the district court abused its discretion in revoking Johnson's probation. Minn. R.Crim. P. 27.04, subd. 3(2) provides that in a revocation hearing, "[i]f the court finds that a violation of the conditions of probation has not been established by clear and convincing evidence, the revocation proceedings shall be dismissed, and the probationer's probation continued under the conditions theretofore ordered by the court." The district court has broad discretion in determining if sufficient evidence exists to revoke probation and should be reversed only for a clear abuse of discretion. Austin, 295 N.W.2d at 249-50. Under Austin's three-step analysis, the district court must "(1) designate the specific condition or conditions [of probation that were] violated; (2) find that the violation was intentional or inexcusable; and (3) find that the need for confinement outweighs the policies favoring probation." Id. at 250.
Here, the district court found that the state proved by clear and convincing evidence that Johnson violated three terms of his probation, and there is evidence to support its findings. Johnson stipulated that he failed to complete aftercare following chemical-dependency treatment. The Officer Schmatz letter established that he fa
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