State Patrol Commercial Vehicle Inspectors, Who Are Not Licensed Peace Officers, Have No Authority to Stop Vehicles

State v. Stall, Minn.Ct.App., 4/14/14.  Mr. Stall drove a truck hauling potatoes.  Mr. Syverson, a commercial vehicle inspector for the Minnesota State Patrol, would randomly stop trucks hauling potatoes to inspect those trucks.  Mr. Syverson, who is not a licensed peace officer, would set out orange cones, select a truck, full to the brim with spuds one supposes, step out onto the road and flag it down.  That’s what he did to Mr. Stall. 

Instead of confining himself to inspecting Mr. Stall’s potato truck for safety violations, Mr. Syverson also asked Mr. Stall for his driver’s license.  Mr. Syverson learned that Mr. Stall’s license was cancelled, inimical to public safety.  Mr. Syverson then called a trooper who arrested Mr. Stall for driving after cancellation.  Mr. Stall moved to suppress all evidence obtained during Mr. Syverson’s inspection (don’t know if that included the potatoes), arguing that Mr. Syverson had no business hailing potato (or turnip or any other) trucks to the side of the road.

The court of appeals agrees with Mr. Stall and reverses his conviction.  The court said that state patrol employees who are not licensed peace officers do not have the authority to stop motor vehicles.  By statute, inspectors such as Mr. Syverson have the power to issue citations and to prepare notices for court appearances.  Minn.Stat. 299D.06.  Stopping vehicles is not included within that statutory grant of power.  The court rejected several alternative statutory basis that the state suggested might convey such authority. 

So, it looks like Mr. Syverson and his fellow inspectors will have to bring along a trooper to stop the potato trucks; or start hanging out more at truck stops.