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State of Minnesota v. Anthony Scott Treptau

April 8, 2013

STATE OF MINNESOTA, RESPONDENT,
v.
ANTHONY SCOTT TREPTAU, APPELLANT.



Stearns County District Court File No. 73-CR-11-1665

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

This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2012).

Affirmed

Considered and decided by Ross, Presiding Judge; Peterson, Judge; and Chutich, Judge.

UNPUBLISHED OPINION CHUTICH, Judge

On appeal from his conviction of gross misdemeanor driving after license cancellation and giving a peace officer a false name, appellant Anthony Scott Treptau argues that the district court erred in denying his pretrial motion to suppress evidence from a traffic stop because the arresting officer lacked reasonable suspicion. Because the district court properly concluded that the officer had reasonable suspicion to stop Treptau, we affirm.

FACTS

On December 26, 2010, St. Cloud Police Officer David Darling was patrolling a highway west of St. Cloud. Officer Darling observed a 1988 Buick LeSabre and, using his squad car computer, determined that it was registered to Marie Treptau. The officer then conducted a general search for the last name Treptau, finding approximately 60 results with the last name. Officer Darling further discovered that appellant Anthony Treptau lived at the same address as the registered owner of the LeSabre and that his license had been cancelled. Officer Darling pulled alongside the car and observed that the driver appeared to match Anthony Treptau's driver's license photo.

Officer Darling stopped the car and Treptau identified himself as James Treptau. Officer Darling returned to his squad car and looked up James Treptau on his computer and concluded that James Treptau's driver's license photo did not match the driver of the car. He returned to the car and told the driver this information, and the driver then identified himself as Anthony Treptau (Treptau). Officer Darling took Treptau into custody.

Following the arrest, Treptau was charged with giving a peace officer a false name and driving after cancellation-inimical to public safety. Before trial, Treptau moved to suppress the evidence obtained from the stop, arguing that the stop was unconstitutional.

The parties agreed that an evidentiary hearing on the issue was unnecessary. The state submitted the complaint and police reports to the district court and both parties filed briefs. The district court denied the suppression motion, concluding that Officer Darling had reasonable suspicion to stop the car.

Treptau waived his right to a jury trial and agreed to a stipulated-facts trial under Minn. R. Crim. P. 26.01, subd. 4, to preserve his appeal of the district court's pretrial ruling. The district court found Treptau guilty of both charges.

Treptau now appeals the propriety of the ...


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