Summary
In Battle, we did not interpret the left-turn statute because the appellant appeared to have agreed with the district court's reasoning that the final sentence of the left-turn statute required completion of a left turn in the nearest lane, "[w]henever practicable."
Summary of this case from State v. KelleyOpinion
No. C2-01-113
Filed October 16, 2001.
Appeal from the District Court, Hennepin County, File No. 478509.
Leonardo Castro, Hennepin County Public Defender, Peter W. Gorman, Assistant Public Defender (for appellant)
Mike Hatch, Attorney General, Jeffrey F. Lebowski, Sean McCarthy, Assistant Attorneys General (for respondent)
Considered and decided by Toussaint, Chief Judge, Randall, Judge, and Kalitowski, Judge.
This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2000).
UNPUBLISHED OPINION
Appellant John Lee Battle challenges the revocation of his license contending the district court erred in denying his motion to suppress because collateral estoppel barred respondent Commissioner of Public Safety from contesting the legality of the stop and the police did not have a sufficient basis to stop him. We affirm.
DECISION I.
Appellant contends that collateral estoppel prevents the district court from issuing inconsistent decisions regarding the legality of a stop based on the same facts. But appellant did not raise this argument in the district court. Generally, a failure to raise an argument in the district court waives review on appeal. Thiele v. Stich, 425 N.W.2d 580, 582 (Minn. 1988); Weierke v. Commissioner of Pub. Safety, 578 N.W.2d 815, 816 (Minn.App. 1998). Because appellant did not raise this argument below, it is not properly before us.
Moreover, even if we were to address appellant's argument, collateral estoppel would not apply here because the case relied on by appellant, State v. Victorsen, specifically stated that its holding was prospective and thus it would not apply to appellant. State v. Victorsen, 627 N.W.2d 655, 663-64 (Minn.App. 2001).
II.
Appellant also contends that the district court erred in determining that the stop was supported by reasonable suspicion. "In reviewing a district court's determinations of the legality of a limited investigatory stop, we review questions of reasonable suspicion de novo." State v. Britton, 604 N.W.2d 84, 87 (Minn. 2000) (citation omitted).
Respondent contends that the stop was proper because the police officer observed appellant violate a traffic law. Ordinarily, a violation of a traffic law, however insignificant, justifies a limited stop. See, e.g., State v. Haataja, 611 N.W.2d 353, 355 (Minn.App. 2000) (holding that unnecessary and unusually slow driving resulting in traffic backup supported stop), review denied (Minn. July 25, 2000). Cf. State v. Varnado, 582 N.W.2d 886 (Minn. 1998) (agreeing that the police had probable cause to stop Varnado's vehicle because the windshield was shattered; a traffic violation).
Here, the police officer stopped appellant because he observed appellant making a wide left turn. "Whenever practicable [a] left turn shall be made in that portion of the intersection to the left of the center of the intersection." Minn. Stat. § 169.19, subd. 1(b) (2000). Appellant concedes that he took a wide turn but he suggests that a remand is necessary so the district court can determine if it was "practicable" for him to have turned into the lane closest to the centerline. We disagree. The police officer further testified that there was nothing obstructing appellant's ability to pull into the lane closest to the centerline. And the district court adopted this testimony in its findings of fact. See Britton, 604 N.W.2d at 87 (stating that our court reviews the district court's findings of fact for clear error). Thus, no remand is necessary because the traffic violation provided a sufficient basis for the stop.
Affirmed.
This opinion will be unpublished and may not be cited except as provided by Minn. Stat. § 480A.08, subd. 3 (2000).