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City of Devils Lake v. Lawrence2/20/2002
Appeal from the District Court of Ramsey County, Northeast Judicial District, the Honorable Donovan John Foughty, Judge.
REVERSED AND REMANDED.
[ ] The City of Devils Lake appealed from orders granting a suppression motion and dismissing a charge of driving under the influence of alcohol against Darrell Lawrence. We conclude the district court erred in ruling police officers had no reasonable and articulable suspicion of criminal activity to stop Lawrence's vehicle, and we reverse and remand for further proceedings.
I.
[ ] At 7:13 p.m. on September 3, 2000, Police Officers John Rose and Jason Toso, who were patrolling in separate vehicles, received a dispatch from the Lake Region Law Enforcement Center that there was a "fight that was going to begin" at Pop's Bar in Devils Lake. Officer Rose was the first to arrive at the scene, and he observed a male standing by the door to the bar and two other males entering a vehicle in the parking lot. No one else was in the parking lot. The man standing by the door to the bar was Conrad Houle, a person Officer Rose recognized as having been involved in " ast fight calls." Houle motioned for Officer Rose to "come over" to him, and then informed Officer Rose he had engaged in a "verbal altercation" with the two men entering the vehicle. Officer Rose observed nothing indicating a physical fight had taken place. Officer Rose radioed Officer Toso, who had just entered the parking lot, that the vehicle leaving the parking lot was "involved" and " e need to check this one out." Officer Rose testified:
Q: Officer Rose, did he indicate that they were involved? What did he say to you?
A: Um, he pointed -- he indicated, ah, he pointed or told me verbally, that they were the ones that he was having this verbal altercation with. I think he said, like -- something like, these are the ones you've got to talk too or I don't recall exactly. But he indicated to me that --
(THE COURT: I can't hear you, officer.)
A: He did indicate to me that these -- that this was the other party involved in some type of verbal altercation. Um, either -
(THE COURT: Verbal altercation is that what he said, verbal altercation?)
A: Well, I don't believe -- he didn't tell me that. But, I was kind of lead to believe that it was a verbal.
(THE COURT: No, no, what did he tell you to the best of your recollection?)
A: I - I don't recall. I think he said, you need to talk to --he pointed at em. That these are the guys.
(THE COURT: Okay, did he indicate -- did you -- based --based on your understanding -- your understanding was that if there was an altercation, it was verbal?)
A: Yea.
Q: Um, when you initially responded to this call, what was the call that you were responding too ?
A: I recall it was a um, fight that was about to begin call --kind of call.
Q: But it wasn't described as a verbal fight?
A: No, it was a -- I think -- that words are starting to be exchanged, and it looks like they are going to go outside and fight. I think that is what the initial -- what we were responding too .
Q: Okay, and when you arrived um, had you had the opportunity to conduct any investigation with Mr. Houle outside of the bar up until the point that he pointed to this other vehicle?
A: No -- no, it was -- I got out of my car, the other vehicle was leaving. I indicated -- he indicated to me that they were involved. I -- I -
Q: So, this understanding that it was a verbal altercation came to you through the process of your investig
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