MN: Mere violation of pretrial release conditions not otherwise a crime not RS to extend a traffic stop

An alleged violation of conditions of pretrial release that is not criminal activity does not support extending a traffic stop without reasonable suspicion of an actual crime. State v. Sargent, 2021 Minn. LEXIS 672 (Dec. 29, 2021) (under state constitution):

The same rationale applies here. Whether or not law enforcement may expand the scope of a traffic stop to investigate a noncriminal infraction is, at its core, a constitutional question—one that cannot be resolved solely based on the rules of criminal procedure. Instead, we look to the principles and framework of Terry as our guide when determining if an officer’s actions in a particular case exceeded the permissible scope of a traffic stop.

In sum, we reaffirm the principle that law enforcement officers must have reasonable articulable suspicion of criminal activity to expand the scope of a traffic stop. We hold that a violation of a condition of pretrial release does not constitute criminal activity. Accordingly, we conclude that the officer’s questioning of Sargent about the conditions of his pretrial release exceeded the permissible scope of a traffic stop in violation of Article I, Section 10 of the Minnesota Constitution.

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