Squad Computer’s Information Supports Investigatory Stop.

State v. Cox, Minn.Ct.App., 11/28/11.  A police officer in  Sartell, Minnesota – “A Great Place to Live”- punched in Mr. Cox’s license plate number as he followed Mr. Cox.  The computer told the officer that this license plate had expired nearly two years ago, but the officer could see a current license tab.  The Officer stopped the car, determined that the tabs were, in fact, valid, and then determined that Mr. Cox was intoxicated.  Mr. Cox lost his motion to suppress the evidence of intoxication after which he stipulated to the state’s case.

Mr. Cox said that once the officer determined that the tabs were valid any suspicion that he previously held to justify the investigative stop vanished.  The court of appeals rejected this argument by concluding that the officer’s suspicion was that the tabs were stolen, a suspicion not dispelled before he began his intoxication inquiry.

Mr. Cox also argued that information that the officer obtained from his squad computer could not ever be the sole basis to support a reasonable suspicion for an investigatory stop.  Such stops, however, based on information obtained from a squad computer are routinely upheld; State v. Pike, 551 N.W.2d 919 (Minn. 1996).  Had the officer been aware of facts that would have made reliance on the squad computer un-reasonable Mr. Cox might have had some traction with his argument but there was nothing there in this instance.

Lastly, because the officer was suspicious of stolen tabs rather than invalid/expired tabs, it was okay for him to have approached to car to chat up Cox about the discrepancy.  At that point, the officers smells the booze and it’s all over.