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Phillip reported that he likes to take "backroads". While briefly speaking with Phillip about his travels, Thesing noted that Phillip had a pallor complexion, had beads of diaphoresis accumulating on his face, most notably surrounding his nose and on his forehead, and Phillip's body movements lacked fluidity and were rather erratic. Furthermore, Phillips' general demeanor varied from calm to agitated. Thesing knows that these observations, in conjunction with one another, are often indicative of controlled substance use. 2 18-CR-26-835 Filed in District Court State of Minnesota 3/6/2026 After briefly speaking with Phillip, Thesing requested that Phillip exit the vehicle and directed Phillip to the front passenger window of Thesing's patrol vehicle.
Phillip complied. Thesing explained his observations to Phillip, who continued to appear upset with Thesing. Thesing spoke with Phillip about recent drug use. Phillip reported that he had not used drugs in months, later reported years, then reported that he doesn't use. Throughout this time, Phillip's demeanor continued to vary, and Phillip was quite argumentative. Furthermore, Phillip was continuing to sweat, despite cool ambient temperatures that were causing Thesing discomfort. Thesing asked Phillip if he would pass an oral drug test if given one.
Phillip reported that he would pass but was unwilling to submit to a test. Thesing asked Phillip if he was willing to perform a few tests to determine if he was safe to drive. Initially, Phillip was unwilling to submit to Standardized Field Sobriety Testing, but later agreed to do so. Thesing explained and conducted the Horizontal Gaze Nystagmus Test with Phillip. While performing the test, Thesing observed Phillip swaying. Thesing explained and conducted the Modified Romberg Test with Phillip.