C6-02-318, State of Minnesota, Respondent, vs. Todd Jeffrey Askerooth, Appellant.
Case Date: 12/27/2007
Court: Supreme Court
Docket No: C6-02-318, State of Minnesota, Respondent, vs.
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State of Minnesota
In Supreme Court
C6-02-318
Court of Appeals Anderson, Paul H., J. Concurring specially, Anderson, Russell A. and Hanson, JJ.
State of Minnesota,
Respondent,
Filed: June 17, 2004 Office of Appellate Courts Todd Jeffrey Askerooth,
Appellant.
S y l l a b u s Article I, Section 10 of the Minnesota Constitution requires that a search or seizure during a traffic stop be reasonable even when a minor law has been violated. Article I, Section 10 of the Minnesota Constitution requires that each incremental intrusion during a traffic stop be individualized to the person toward whom the intrusion is directed and tied to and justified by one of the following: (1) the original purpose of the stop, (2) independent probable cause, or (3) reasonableness, as defined in Terry v. Ohio, 392 U.S. 1 (1968). Police officer who made a stop for a minor traffic violation, confined the driver in the back seat of a squad car, and articulated that his only basis for confining the driver was the officer |