State of Minnesota, Appellant, vs. Ausby Stowers, Respondent.
Annotate this Casemay not be cited except as provided by
Minn. Stat. ยง 480 A. 08, subd. 3 (1998).
STATE OF MINNESOTA
IN COURT OF APPEALS
C2-98-1850
State of Minnesota,
Appellant,
vs.
Ausby Stowers,
Respondent.
Filed May 4, 1999
Affirmed; motion granted
Schumacher, Judge
Ramsey County District Court
File No. K8981895
Mike Hatch, Attorney General, 1400 NCL Tower, 445 Minnesota Street, St. Paul, MN 55101; and
Susan Gaertner, Ramsey County Attorney, Darrell C. Hill, Assistant County Attorney, 50 West Kellogg Boulevard, Suite 315, St. Paul, MN 55102 (for appellant)
Robert G. Malone, 386 North Wabasha Street, Suite 1000, St. Paul, MN 55102 (for respondent)
Considered and decided by Schumacher, Presiding Judge, Lansing, Judge, and Willis, Judge.
U N P U B L I S H E D O P I N I O N
SCHUMACHER, Judge
The state appeals a pretrial order suppressing evidence discovered during a stop and frisk. We affirm.
FACTS
On May 16, 1998, at about 7:45 p.m., St. Paul Police Officer Steven Jabs was on duty working on the Weed and Seed Program. Weed and Seed has been described as a street level narcotics program whereby police officers working in a high crime neighborhoods identify those persons who may be involved in criminal activity. Jabs was in uniform and in a marked squad car.
Jabs met with Officers Jeff Levens and Michael Bratsch in a neighborhood on Sherburne Avenue. Jabs learned from the officers that Ausby Stowers was sitting on a wall in front of 639 Sherburne. This was an area that had generated numerous calls to police in the past and was known to be an area where street level dealers would make drug transactions. Stowers was known to the officers to have been previously involved in the sale of drugs. Jabs decided to go talk to Stowers because he "hadn't seen him for some time."
Jabs parked his squad car in front of 639 Sherburne and called out to Stowers who was still sitting on the wall. "What's up Ausby? How you been? I haven't seen you in a long time." Stowers immediately jumped off the wall and ran.
Stowers was eventually apprehended and handcuffed by Levens. Levens testified at the omnibus hearing that during the chase, Stowers made a motion toward his pocket. While on the ground, Levens rolled Stowers onto his side and in so doing, felt an object he believed to be crack cocaine. Levens eventually removed four packets of suspect crack cocaine and two rolls of money totaling $1,860. He maintains he was conducting a frisk for weapons.
Stowers was later charged with first-degree violation of controlled substance law. Following an omnibus hearing, the trial court ruled that the officers did not have a reasonable basis to conduct a frisk of Stower's outer clothing for weapons. We affirm.
D E C I S I O N
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