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State of Minnesota v. Marlin Ashanti Mcelroy

April 8, 2013

STATE OF MINNESOTA, RESPONDENT,
v.
MARLIN ASHANTI MCELROY, APPELLANT.



Hennepin County District Court File No. 27-VB-11-9658

The opinion of the court was delivered by: Worke, Judge

Affirmed

Considered and decided by Worke, Presiding Judge; Kalitowski, Judge; and Schellhas, Judge.

SYLLABUS

A city ordinance restricting the volume of amplified music or entertainment emanating from an electronic device located within a motor vehicle that is being operated on a public street is not unconstitutionally overbroad or vague.

OPINION

WORKE, Judge

Appellant challenges his conviction for violating a Minneapolis sound-amplification ordinance, arguing that (1) the ordinance is unconstitutionally vague and overbroad; (2) the state failed to prove the element of amplification beyond a reasonable doubt; and (3) the district court erred by instructing the jury that it must reach a verdict. We affirm.

FACTS

Appellant Marlin Ashanti McElroy was charged with violating the Minneapolis ordinance that restricts the volume of amplified sounds from vehicles and disorderly conduct. See Minneapolis, Minn., Code of Ordinances (MCO) § 389.65(a)(5) (2011); Minn. Stat. § 609.72 (2010). Appellant moved to dismiss the restricted-amplified-sound charge as unconstitutional. The district court denied the motion, and proceeded with a jury trial.

The citing officer testified that at approximately 4:00 p.m. he was directing traffic at an intersection in downtown Minneapolis. From well over 150 feet away from appellant's vehicle, the officer heard "music" or a "loud bass sound" coming from the vehicle. The officer stopped appellant's vehicle and asked appellant to turn down his music. Appellant ignored his request and drove away. When appellant stopped at a stop light, the officer approached the vehicle and, again, told appellant to turn down his music, which he eventually did. A jury found appellant not guilty of disorderly conduct, but guilty of violating the amplified-sound-from-vehicles ordinance. This appeal follows.

ISSUES

I. Is the Minneapolis ordinance that restricts amplified sound from vehicles operated on a ...


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