State v. Mike
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State v. Mike
Opinion of the Court
In this pretrial appeal, the state challenges the district court's order suppressing blood-test results and dismissing driving-while-impaired (DWI) charges. The order was based on the state's failures to provide respondent-driver an opportunity to consult with an attorney before submitting to testing pursuant to a search warrant and to advise respondent-driver that refusal to submit to a blood test is a crime. The district court also reasoned that suppression was required on due-process grounds. Because respondent-driver did not have a right to consult with an attorney, the state's failure to provide the advisory does not justify suppression, and respondent-driver is not entitled to relief under the due-process theory on which *106the district court relied, we reverse and remand.
FACTS
Appellant State of Minnesota charged respondent Charles Lee Mike with two counts of third-degree DWI under Minn. Stat. § 169A.20, subd. 1(1) (2016) (driving under the influence of alcohol), and Minn. Stat. § 169A.20, subd. 1(5) (2016) (operating a motor vehicle with an alcohol concentration of 0.08 or more as tested within two hours of operating). Mike moved to suppress the evidence supporting the charges, and the district court held an evidentiary hearing on the motion. The relevant facts were developed at the hearing as follows.
On October 7, 2017, at approximately 4:00 p.m., Deputy Troy Nichols of the St. Louis County Sheriff's Department was dispatched to a motorcycle accident in Greenwood Township. At the scene, Deputy Nichols made contact with Mike, who was being treated for injuries inside an ambulance. Mike was transported to a hospital for medical care. Based on his observations and discussions with witnesses, Deputy Nichols believed that Mike was under the influence of alcohol, and he obtained a search warrant authorizing collection of a sample of Mike's blood for chemical testing.
Deputy Nichols executed the search warrant while Mike was at the hospital. When executing the warrant, Deputy Nichols did not inform Mike that refusal to submit to a blood test is a crime. Nor did Deputy Nichols offer Mike an opportunity to consult with an attorney before submitting to the blood test. Hospital staff drew a sample of Mike's blood pursuant to the warrant at approximately 7:20 p.m. Chemical testing revealed that Mike's alcohol concentration was 0.23.
In district court, Mike argued that his blood-test results should be suppressed for two reasons. First, Deputy Nichols did not provide him an opportunity to consult with an attorney before the blood sample was drawn and therefore violated his limited right to counsel under the Minnesota Constitution, as recognized in Friedman v. Comm'r of Pub. Safety ,
ISSUES
I. Did the district court err by suppressing Mike's blood-test results on the ground that the state did not provide Mike an opportunity to consult with an attorney before submitting to chemical testing?
II. Did the district court err by suppressing Mike's blood-test results on the ground that the state did not inform Mike that refusal to take a warranted blood test is a crime?
III. Did the district court err by suppressing Mike's blood-test results on due-process grounds?
ANALYSIS
The state's ability to appeal in a criminal case is limited. State v. Lugo ,
*107Minn. R. Crim. P. 28.04, subds. 1(1), 2(2)(b). "Dismissal of a complaint satisfies the critical impact requirement." State v. Trei ,
I.
We first consider whether Mike had a limited right to consult with an attorney before submitting to blood testing. In Friedman , the supreme court held that "[t]he Minnesota Constitution, article I, section 6 gives [a driver] a limited right to consult an attorney before deciding whether or not to submit to chemical testing for blood alcohol."
The Friedman holding is limited to implied-consent cases because of the unique decision and consequences that come with the reading of the advisory. The legal ramifications of the decision to submit (or not submit) to chemical testing after the advisory reading are significant. Of course, consenting may provide law enforcement with the evidence necessary to secure a conviction. But refusing will automatically result in a mandatory license revocation, and may still result in a criminal DWI conviction. As we have recognized, it may not be clear to a driver faced with the advisory whether the consequences for consenting or refusing will be worse. That unique decision is not present here.
The state relies on Hunn , arguing that, because "the implied consent advisory was not read in the present case, the right to counsel [was] not required."
The Hunn opinion was released after the district court filed its suppression order in this case. Thus, the district court did not have the benefit of Hunn when it granted Mike's motion to suppress. But under Hunn , Mike did not suffer a violation of the limited right to counsel recognized in Friedman because he was not read an implied-consent advisory.
Mike disagrees, arguing that " Hunn 's applicability with respect to the constitutional right to counsel is very limited. It only applies to the narrow span of cases that arose between the Birchfield and Trahan decisions and the implementation of the new DWI [laws] in 2017." See Birchfield v. North Dakota , --- U.S. ----,
Mike also argues that the Hunn court "concluded that [the] constitutional right to counsel is not triggered unless the implied consent procedure is invoked ." (Emphasis added.) He argues that the 2017 amendments to Minnesota's DWI and implied-consent laws "effectively created a situation where the 'Implied Consent Law' is de facto invoked every time a search warrant for a blood or urine sample is executed during a DWI investigation."
As to this issue, word choice matters. Hunn specifically held that the Friedman right to counsel is "not triggered unless the statutory implied-consent advisory is read ."
We therefore reject Mike's argument that the Friedman right to counsel is triggered any time the implied-consent procedure is "invoked." As explained in Hunn , the reading of the implied-consent advisory puts a driver in the position of having to make a unique decision that justifies the limited right to counsel recognized in Friedman . A driver is not put in that position if the police somehow "invoke" the implied-consent law without actually reading the driver an implied-consent advisory.
In sum, because Deputy Nichols did not read Mike an implied-consent advisory, the limited right to counsel recognized in Friedman was not triggered. The district court therefore erred by suppressing Mike's blood-test results on the ground that the state did not provide Mike an opportunity to consult with an attorney before submitting to chemical testing.
II.
We next consider whether the state's failure to comply with the advisory requirement in section 171.177, subdivision 1, justifies suppression of Mike's test results.
We begin with an overview of the relevant statutory scheme, because it provides useful context. Chapter 169A is entitled "Driving While Impaired" and comprises several distinct groups of statutes. General *109provisions are found in sections 169A.01 to 169A.095 (2016 & Supp. 2017). Criminal provisions are found in sections 169A.20 to 169A.37 (2016 & Supp. 2017). Section 169A.20 (2016 & Supp. 2017) specifically defines the offense of driving while impaired, including the offense of refusal to submit to a chemical test.
Procedural provisions are found in sections 169A.40 to 169A.48 (2016), administrative provisions are found in sections 169A.50 to 169A.63 (2016 & Supp. 2017), and miscellaneous provisions are found in 169A.70 to 169A.78 (2016). Sections 169A.50 to 169A.53 (2016 & Supp. 2017) are expressly identified in section 169A.50 (2016) as "the Implied Consent Law." Section 169A.51, subdivision 3, provides that "a blood or urine test may be conducted only pursuant to a search warrant" and that such tests "may be conducted only as provided in [warrant-execution statutes and section] 171.177."
Chapter 171 is entitled "Drivers' Licenses and Training Schools." That chapter contains the statute at issue here, the "Search warrant-required testing advisory."
The state contends that the district court erred by suppressing Mike's test results based on noncompliance with section 171.177, subdivision 1, generally arguing that "[b]lood draws taken pursuant to a search warrant in a criminal case do not require compliance with the administrative procedures [prescribed] in the implied consent statute." Specifically, the state argues, "Law enforcement is not required to follow [ section 171.177 ] if there is no implied consent advisory read." The state reasons that section 171.177"was enacted to cover search warrants obtained to get evidence of impairment for purposes of license revocation" and that it "does not pertain to how evidence is obtained through a search warrant in criminal prosecutions when the implied consent advisory is not read." The state concludes that, because this is a criminal case and not a license-revocation case, it was unnecessary to comply with the advisory requirement in section 171.177, subdivision 1, and that it is therefore unnecessary to determine whether noncompliance justifies suppression of the test results. We address each of the state's conclusions in turn.
Statutory Compliance
The state's proposition that compliance with section 171.177, subdivision 1, was not required in this case raises an issue of statutory interpretation. Statutory interpretation is a question of law that we review de novo. Barrow v. State ,
On one hand, the location of section 171.177 in a chapter of the Minnesota Statutes regarding driver's license revocations could suggest that its application is limited to that context. See State v. Struzyk ,
*110Minn. Transitions Charter Sch. v. Comm'r of Minn. Dep't of Educ. ,
On the other hand, section 171.177, subdivision 1, does not on its face limit its application to the license-revocation context. It clearly mandates provision of the advisory "[a]t the time a blood or urine test is directed pursuant to a search warrant under sections 626.04 to 626.18," without listing any exceptions to its directive. Moreover, the criminal DWI statute incorporates section 171.177 by reference, providing that "[i]t is a crime for any person to refuse to submit to a chemical test ... of the person's blood or urine as required by a search warrant under section[ ] 171.177." Minn. Stat. § 169A.20, subd. 2(2) (Supp. 2017). This incorporation suggests that compliance with section 171.177, subdivision 1, is necessary in a criminal DWI prosecution based on test refusal.
Because the plain language of section 171.177, subdivision 1, does not provide any exception to its application, and section 171.177 is expressly incorporated into one of the criminal provisions of chapter 169A, we conclude that section 171.177, subdivision 1, is unambiguous and that Deputy Nichols was required to inform Mike that refusal to submit to a warranted blood or urine test is a crime.
Suppression Remedy for Statutory Violation
Having concluded that compliance with the advisory requirement in section 171.177, subdivision 1, was necessary, we must next determine whether suppression of Mike's test results is an appropriate remedy for noncompliance.
"The purpose of suppression is not to vindicate a defendant's rights nor to affirm the integrity of the courts, but to deter police from engaging in illegal searches." State v. Cook ,
For example, in Smith , the supreme court held that even if the state had violated the Minnesota Government Practices Act by obtaining the defendant's address from a social-services agency, the violation did not require suppression of evidence obtained as a result.
But in State v. Cook , the supreme court held that "[s]ubstantial violations of the procedural rule followed by [the] court for obtaining a telephone search warrant require[d] ... suppression of the evidence seized in the search."
contemporaneously with the authorization of the search warrant that will show both probable cause for a search and a reasonable need for the warrant to be issued telephonically, so that later, if need be, there is a basis for challenging the warrant that is not dependent solely on after-the-fact recollections. In addition, the federal rule procedures ensure that the police officers will actually have a warrant to carry with them and to display when they execute the search.
The supreme court also concluded that suppression was appropriate in State v. Jackson and State v. Jordan , based on the state's failure to comply with
In sum, violation of a statute or rule does not require suppression of evidence obtained as a result of the violation unless the violation undermines the purpose of the statute or rule. Here, Mike argues, "These test results were not 'legally obtained,' in that law enforcement failed to follow the plain dictates of Minnesota statutes and the district court correctly determined that these results cannot be used ... at trial." Thus, the issue of whether suppression is an appropriate remedy for the state's failure to comply with the advisory directive in section 171.177, subdivision 1, is squarely before us. Nonetheless, *112neither the parties nor the district court discussed Minnesota's law regarding suppression as a remedy for a statutory violation.
In State v. Hannuksela , the Minnesota Supreme Court explained the circumstances in which it is appropriate for an appellate court to rely on law that the parties did not address in their briefs or at oral argument.
Neither party discussed the applicability of the law of "severance" or "partial invalidity" in either briefs or at oral argument. If the doctrine were either novel or questionable, it might be appropriate for the court to solicit additional briefs. However, it is the responsibility of appellate courts to decide cases in accordance with law, and that responsibility is not to be diluted by counsel's oversights, lack of research, failure to specify issues or to cite relevant authorities. The doctrine of "severance," or "partial invalidity" has been applied by the 1st, 3rd, 5th, 6th and 8th United States Circuit Courts of Appeals. It is neither new to this court nor questionable. In other relevant decisions, we, in effect, have relied upon "severability." ... [T]he doctrine is not of questionable validity .... Therefore, we proceed to consider its application in this case notwithstanding that the parties failed to raise or discuss the issue in their briefs or at oral argument.
Minnesota's law regarding suppression of evidence based on a statutory or rule violation is well-established. This law is neither novel nor of questionable validity, and it is obviously applicable to the suppression issue before us. We therefore decide the issue in accordance with this law, as is our responsibility as an appellate court.
Once again, suppression based on a statutory violation is justified only if the violation subverts the purpose of the statute. We therefore consider the purpose of section 171.177, subdivision 1. Two cases inform our consideration. The first is Tyler v. Comm'r of Pub. Safety ,
*113
The second case is State v. Scott , in which this court explained:
[T]he purpose of the implied consent advisory is to inform the driver of the serious consequences of his or her refusal. The onerous civil consequence of license revocation is designed to induce the driver to submit to testing. The minimum one-year revocation for refusal under the implied consent statute is hardly a "safe harbor," free of adverse consequences. When compared to the 90-day minimum revocation for taking but failing the test, the civil consequences strongly compel the driver to take the test.
In sum, caselaw indicates that the purpose of an implied-consent advisory regarding refusal to submit to chemical testing is to inform a driver of the serious consequences of refusal in an effort to compel the driver to take the test.
Although Mike does not address Minnesota law regarding suppression of evidence based on a statutory violation, he asserts that the purpose of the advisory in section 171.177 is to inform a driver that he may refuse the test, even though there is a warrant compelling the test. Mike argues that although "drivers are told 'refusal to take a test is a crime' and not 'you can refuse to submit to testing in exchange for additional criminal charges' either statement operates as an affirmation that the ability to refuse exists, regardless of the presence of a warrant."
Although the advisory in section 171.177, subdivision 1, indirectly communicates that refusal is an option, we disagree that this is the purpose of the advisory. The legislature chose an advisory that explicitly focuses on only one aspect of warranted blood or urine testing-the criminal consequences of refusal-without addressing other aspects such as the option to refuse. Compare
Because the purpose of the advisory in section 171.177, subdivision 1, is to encourage submission to testing, and not refusal, that purpose is not subverted if a driver submits to a test without being read the advisory. And because the statutory purpose is not subverted in such circumstances, failure to provide the advisory does not justify suppression of ensuing test results. We therefore hold that failure to comply with the advisory requirement in Minnesota Statutes section 171.177, subdivision 1, does not justify suppression of the test results in a criminal prosecution for DWI.
III.
Lastly, we address the district court's apparent reliance on due process as a ground for suppression. The district court reasoned that "[e]vidence secured in violation of a defendant's right to due process is subject to 'total exclusion' by the courts," citing State v. Stumpf ,
In McDonnell , the Minnesota Supreme Court concluded that Minn.Stat. § 169.123, subd. 2(b)(2) (1990), which required a law-enforcement officer to advise a person subject to testing under the implied-consent law that the person may be subject to criminal penalties if testing is refused, violated the due-process rights of a driver because she did not have a prior driver's license revocation and the criminal test-refusal statute then in effect applied only to drivers who had prior license revocations. 473 N.W.2d at 849-51, 853-55. In Johnson v. Comm'r of Pub. Safety , the supreme court clarified that McDonnell relied on three key elements in holding that a due-process violation occurred: (1) the person whose license was revoked submitted to a breath, blood, or urine test; (2) the person prejudicially relied on the implied-consent advisory in deciding to undergo testing; and (3) the implied-consent advisory did not accurately inform the person of the legal consequences of refusing to submit to the testing.
Nonetheless, Mike contends that he is entitled to relief under McDonnell because the failure to provide an advisory in this case is comparable to the inaccurate advisory in McDonnell . As support, Mike argues that he might have refused to submit to testing if he had been informed that refusal to submit is a crime. This argument is illogical and unpersuasive, and it does not establish the prejudicial reliance necessary to obtain due-process relief under McDonnell . See
DECISION
Because Mike was not read an implied-consent advisory, the limited right to counsel recognized in Friedman was not triggered in this case. Moreover, the state's failure to advise Mike that refusal to submit *115to a warranted blood test is a crime does not justify suppression of Mike's test results. Lastly, Mike is not entitled to relief under the due-process holding of McDonnell . Thus, the district court erred in suppressing Mike's test results. We therefore reverse the district court's order for suppression and dismissal, and we remand for further proceedings.
Reversed and remanded.
For example, the 2014 version of the implied-consent advisory applicable in Hunn was eliminated by the 2017 amendments. Minnesota's current implied-consent law sets forth an advisory that applies only to breath tests. Minn. Stat. § 169A.51, subd. 2 (Supp. 2017). It recognizes that generally, a warrant must be obtained to conduct a blood or urine test, and it requires recitation of an advisory specific to such tests.
Because the issue is not before us, we do not determine whether a charge of DWI test refusal under section 169A.20, subdivision 2(2), requires compliance with the advisory requirement in section 171.177, subdivision 1.
We also note the following practical difficulty that would arise if the advisory requirement in section 171.177, subdivision 1, were read as applying only in the license-revocation context, as the state urges. Once again, the advisory must be given "[a]t the time a blood or urine test is directed."
The attorneys were invited to address Minnesota's jurisprudence regarding this issue at oral argument to this court.
"Under the severance doctrine, the insufficient portions of [a] warrant are stricken and any evidence seized pursuant thereto is suppressed, but the remainder of the warrant is still valid."
Mike argues that our holding will effectively authorize, in violation of statute, forced blood draws for the purpose of chemical testing. See
Reference
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- STATE of Minnesota v. Charles Lee MIKE
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