MINNEAPOLIS — A Hennepin County Judge has denied Myon Burrell's motion to suppress evidence stemming from an Aug. 2023 traffic stop in Robbinsdale that led to charges of being a felon in possession of a firearm.
Legal observers have been following the claim concerning the expanded search without a warrant because it involved marijuana, and came after a Minnesota Supreme Court decision in which justices ruled the smell of marijuana on its own does not justify a vehicle search.
Burrell became the subject of front-page headlines in 2020 when Gov. Tim Walz and Attorney General Keith Ellison, influenced by a report penned by a group of six attorneys from around the country, decided to commute Burrell’s life sentence for the murder of Tyesha Edwards and immediately release him from prison.
Walz and Ellison's reasoning was that Burrell was only 16 years old when he allegedly killed Edwards, who herself was just 11 years old, back in 2002. Minnesota's Conviction Review Unit is currently considering whether to recommend full exoneration.
After being stopped by Robbinsdale Police last year, Burrell was charged with drug possession and being a felon in possession of a firearm, which carries a mandatory five-year prison sentence in Minnesota.
His attorneys argued that Burrell was improperly pulled over and that officers had no reason to conduct a search.
"In the video of the stop, the vehicle never crosses the lane lines; further, any alleged violations were due to the officer following closely behind Mr. Burrell’s vehicle," attorneys Paul Applebaum and Nico Ratkowski wrote in their motion.
Applebaum and Ratkowski also claim the sobriety tests were conducted because of an "imaginary cloud of smoke that allegedly came from inside the vehicle" and say police never should have searched Burrell's vehicle because "the odor of marijuana alone does not constitute probable cause to perform a warrantless search of a vehicle."
Judge Peter Cahill disagreed, writing in his ruling, "There was reasonable and articulable suspicion to support the initial stop... of drug use and driving under the influence to support an expansion of the stop to determine if Defendant was able to drive safely.."
"The search of the motor vehicle was supported by probable cause," Cahill also ruled, adding "The search of the motor vehicle was valid as a search incident to a lawful DWI arrest because Defendant was placed under arrest before the search."
Judge Cahill explained that the smell of marijuana and the observation of marijuana residue in plain view, along with signs of intoxication, provide probable cause for Burrell's arrest. Cahill also noted that by rolling up his car windows and locking the doors before exiting, Burrell contributed to the "totality of circumstances" in establishing probable cause to search the vehicle for contraband.
The case is now set for a May 16 omnibus hearing during which a trial date could be set.
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