(Names Changed to Protect Confidentiality)
Police testified that Mary Jo Ellsbeth was called in by a passing motorist who observed her driving erratically. Law enforcement was given the address when Ms. Ellsbeth's vehicle was parked and proceeded to the location. Upon arrival, the officers knocked on the door and were met by a fourteen year old daughter residing at the residence. With permission from the juvenile, police entered the home and the back yard where they located Ms. Ellsbeth hiding under the attached deck to the house.
Ms. Ellsbeth refused to communicate with officers. Ultimately they attempted to remove Ms. Ellsbeth from her location. When she resisted, she was tazed several times and taken to the Anoka County facility where she was charged with resisting arrest and DWI,
Under cross examination, the officer acknowledged that they observed no driving conduct. they also reluctantly agreed that their police reports did not indicate that they had announced to Ms. Ellsbeth that they were police officers before attempting to forcibly remove her from her location.
After the testimony was heard, defense counsel Maury D. Beaulier asked that the Court dismiss all charges based on an illegal search and seizure.
The Court agreed and charges against Ms. Ellsbeth were dismissed. In subsequent proceedings her driving privileges were also reinstated.
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