MN: Birchfield not retroactive

Application of Birchfield in Minnesota was determined to be procedural rather than substantive for purposes of retroactive effect. Johnson v. State, 2018 Minn. App. LEXIS 10 (Jan. 2, 2018).

Defendant’s detention was with reasonable suspicion. “Considering the totality of the evidence adduced at the suppression hearing in the light most favorable to the Government-including the blood-covered scene at the salon, witness observations, Mendoza-Torrecialls’s and Rea’s proximity to the crime scene, the absence of anyone else in the vicinity, and Rea’s bloodied appearance-we conclude that the facts known to police at the moment they encountered Mendoza-Torrecialls sufficed to give rise to a fair probability that he had engaged in criminal activity.” United States v. Mendoza-Torrecialls, 2018 U.S. App. LEXIS 36 (5th Cir. Jan. 2, 2018).*

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