STATE v. TORGERSON

A22-0425.

995 N.W.2d 164 (2023)

STATE of Minnesota, Appellant, v. Adam Lloyd TORGERSON, Respondent.

Supreme Court of Minnesota.

Filed: September 13, 2023.


Attorney(s) appearing for the Case

Keith Ellison , Attorney General, St. Paul, Minnesota; and Brandi L. Schiefelbein , Meeker County Attorney, John P. Fitzgerald , Assistant County Attorney, Travis J. Smith , William C. Lundy , Special Assistant County Attorneys, Slayton, Minnesota, for appellant.

Cathryn Middlebrook , Chief Appellate Public Defender, Saint Paul, Minnesota; and Melvin R. Welch , Welch Law Firm, LLC, Minneapolis, Minnesota, for respondent.

Teresa Nelson , American Civil Liberties Union of Minnesota, Minneapolis, Minnesota; and Julian Clark , American Civil Liberties Union Foundation, New York, New York, for amici curiae American Civil Liberties Union Foundation and American Civil Liberties Union of Minnesota.

Shauna Faye Kieffer , Jay M. Wong , Minnesota Association of Criminal Defense Lawyers, Roseville, Minnesota, for amicus curiae Minnesota Association of Criminal Defense Lawyers.

Robert Small , Executive Director, Bill Lemons , Traffic Safety Resource Prosecutor, Minnesota County Attorneys Association, Saint Paul, Minnesota;

Tyler Kenefick , Assistant St. Louis County Attorney, Hibbing, Minnesota; and Kevin A. Hill , Assistant Carver County Attorney, Chaska, Minnesota, for amicus curiae Minnesota County Attorneys Association.

Mahesha P. Subbaraman , Subbaraman PLLC, Minneapolis, Minnesota, for amici curiae Restore the Fourth, Inc., Restore the Fourth Minnesota, and Sensible Minnesota.


OPINION

Appellant State of Minnesota charged respondent Adam Lloyd Torgerson with possession of methamphetamine paraphernalia in the presence of a minor and fifth-degree possession of a controlled substance after a traffic stop and subsequent search of Torgerson's vehicle. This search was justified only by the odor of...

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