LENS - Case No. 18-CR-15-548

General Information
Agency:	Breezy Point Police Department	Date Filed With Court:
Ticket Number:		First Court Appearance Date:
ICR Number:	15000207	Action:
Court File Number:	18-CR-15-548
Case Number:	CR-2015-194	Date of Sentencing:	12/21/2015
County Referred To:

Court Dates

Probation Violation Hearing on 04/25/2019 at 01:30:00 PM-Held

Probation Violation Hearing on 04/25/2019 at 01:30:00 PM-Reset

Disposition Hearing on 06/21/2018 at 09:00:00 AM-Held

Disposition Hearing on 05/24/2018 at 09:00:00 AM-Reset

Disposition Hearing on 03/08/2018 at 09:00:00 AM-Held

Disposition Hearing on 02/01/2018 at 01:30:00 PM-Held

Disposition Hearing on 01/11/2018 at 09:00:00 AM-Held

Probation Violation Hearing on 11/09/2017 at 09:00:00 AM-Held

Plea Hearing on 12/21/2015 at 09:00:00 AM

Omnibus Hearing - Contested on 11/10/2015 at 11:00:00 AM

Omnibus Hearing - Contested on 10/13/2015 at 09:00:00 AM-Reset

Omnibus Hearing - Contested on 08/18/2015 at 03:30:00 PM

Omnibus Hearing on 06/29/2015 at 01:30:00 PM

Omnibus Hearing on 06/29/2015 at 09:00:00 AM-Reset

Omnibus Hearing on 05/05/2015 at 09:00:00 AM-Reset

Rule 5/8 Hearing on 02/27/2015 at 08:00:00 AM

Rule 5/8 Hearing on 02/13/2015 at 08:00:00 AM

Charges

Count ONE-Drugs - 5th Degree - Possess Schedule 1,2,3,4 - Not Small Amount Marijuana	152.025 Subd. 2(a)(1)(Felony)	Dismissed
Count TWO-Drugs - 5th Degree - Possess Schedule 1,2,3,4 - Not Small Amount Marijuana	152.025 Subd. 2(a)(1)(Felony)	Convicted
Count THREE-Traffic Regulation - Driver Must Carry Proof of Insurance when Operating Vehicle	169.791 Subd. 2(Misdemeanor)	Dismissed
Count FOUR-Drugs - Possession of Drug Paraphernalia - Use or Possession Prohibited	152.092(Petty Misdemeanor)	Dismissed
Count FIVE-Traffic Regulation - Driver Fails to Stop for STOP Sign.	169.20 Subd. 3(b)(Petty Misdemeanor)	Dismissed

Probable Cause

On February 3, 2015, at approximately 2313 hours, Officer Josef Garcia was on routine patrol at the intersection of County Road 11 and County Road 4 in the City of Breezy Point, County of Crow Wing, State of Minnesota, when he observed a vehicle slow, but not stop, at the stop sign. The vehicle then turned right onto County Road 4. After the vehicle completed the turn, the vehicle swerved back and forth several times in an erratic manner. Officer Garcia activated his emergency lights and stopped the vehicle as it turned onto Canary Lane.

Officer Garcia made contact with the driver, Brian Thomas Martin (DOB 3/23/1973). Officer Garcia asked Martin for his driver's license and proof of insurance. Martin provided his driver's license but was unable to provide proof of insurance. Martin noticed that Officer Garcia was scanning the interior of the vehicle with his flashlight, and spontaneously consented to Officer Garcia to search the vehicle. Officer Garcia initially declined, stating he was only looking for weapons, but then Officer Garcia noticed a large bulge in Martin's front left jeans pocket. Martin asked if he could get out of the car, which Officer Garcia allowed. Martin began emptying his pockets, showing Officer Garica various items. Martin showed Officer Garcia a black plastic cigarette case and opened it for him. Officer Garcia immediately detected the odor of marijuana from the case, and noted two marijuana cigarettes inside the case.

Officer Garica then conducted a search of the vehicle. In the center console of the vehicle Officer Garcia located a glass marijuana pipe. Between the driver seat and the center console, Officer Garcia located a small, clear plastic bag, tied with a knot. The bottom of the baggy had been torn open, and the inside contained a white powder residue. This later NIK tested positive for cocaine. Located between the driver seat and the rocker panel, Officer Garcia located a marijuana roach.

Martin was arrested and transported to the Crow Wing County jail. Prior to entering the jail, Martin advised that he had an additional small amount of marijuana in his "5th pocket." During a search of Martin's property, Officer Garcia located packages of Suboxone, a Schedule III controlled substance. Martin claimed he had an "old prescription" for the Suboxone, but was unable to provide documentation of that fact.

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