C6-02-58, State of Minnesota, Respondent, vs. Elliot Kamalani Doren, Appellant.
Case Date: 12/31/2002
Court: Court of Appeals
Docket No: C6-02-58
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STATE OF MINNESOTA IN COURT OF APPEALS C6-02-58 State of Minnesota, Respondent,
vs.
Elliot Kamalani Doren, Appellant.
Filed December 17, 2002 Affirmed Gordon W. Shumaker, Judge
Ramsey County District Court File No. K2011001
Mike Hatch, Attorney General, 525 Park Street, Suite 500, St. Paul, MN 55103; and
Susan Gaertner, Ramsey County Attorney, Philip C. Carruthers, Assistant Ramsey County Attorney, 50 West Kellogg Boulevard, Suite 315, St. Paul, MN 55102-1657 (for respondent)
John M. Stuart, State Public Defender, Suzanne M. Senecal-Hill, Special Assistant State Public Defender, Suite 600, 2829 University Avenue S.E., Minneapolis, MN 55414 (for appellant)
Considered and decided by Shumaker, Presiding Judge, Schumacher, Judge, and Klaphake, Judge.
S Y L L A B U S A police officer who arrests a driver and decides to impound the car reasonably may order the passenger, who acts extraordinarily nervously, appears under the influence, and smells of marijuana, to get out of the car; reasonably may ask the passenger if he has weapons or outstanding warrants; reasonably may frisk the passenger; reasonably may ask the passenger to sit in the squad car during a warrants check when the passenger hesitates in response to a question about warrants; and reasonably may search the passenger when the officer sees and feels a hard object that could be a weapon at the passenger |