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Yoraway v. Commissioner of Public Safety

October 07, 2003

DANNY EDWARD YORAWAY, PETITIONER, APPELLANT,
v.
COMMISSIONER OF PUBLIC SAFETY, RESPONDENT.



Carver County District Court File No. CX02901

Considered and decided by Willis, Presiding Judge; Toussaint, Chief Judge; and Shumaker, Judge.

SYLLABUS BY THE COURT

1. A police officer has authority to stop a vehicle when the illegal activity commences and the stop occurs completely out of the officer's jurisdiction if the officer is acting within the course and scope of employment.

2. An on-duty police officer is acting within the course and scope of employment and may lawfully stop a vehicle outside the officer's jurisdiction when assisting an officer of another jurisdiction.

3. The factual basis for stopping a vehicle need not arise from a police officer's personal observations, but may be based solely on information from an identified informant's personal observations of illegal activity.

4. Even minor traffic violations witnessed and reported by an identified informant can provide the required reasonable, articulable suspicion to support a police officer's lawful stop.

5. The description by an identified informant of a driver's conduct that establishes a violation of traffic laws, even if only a minor traffic violation, can support an investigatory stop and does not require the identified informant to also conclude that the driver was likely intoxicated.

The opinion of the court was delivered by: Gordon W. Shumaker, Judge

Affirmed

OPINION

Appellant Danny Edward Yoraway challenges the district court's order sustaining the revocation of his driver's license under the implied-consent law, arguing that the arresting police officer had no authority to stop him when the alleged illegal driving occurred outside the officer's territorial jurisdiction and when the factual basis for the stop rested solely on an informant's observations.

FACTS

The commissioner of public safety revoked appellant Danny Edward Yoraway's driver's license for driving while under the influence of alcohol. The district court sustained the revocation. Yoraway contends that the court erred because the stop that led to his arrest and conviction was illegal. The facts are undisputed.

On the evening of May 4, 2002, a private citizen, who identified himself by name, address, and telephone number, called Carver County 911 to report a motorist driving recklessly. The citizen stated that (1) he "just almost got run off the road by a red Acura Integra"; (2) the driver was 45 or 50; (3) there was a woman in the front seat; and (4) the driver was "driving like a maniacá.á.á.áweavin' in and out on both ...


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