On November 5, 2025, at approximately 11:16 PM, Osseo Police Officer Palomata observed a vehicle bearing Minnesota license plate [PLATE REDACTED] parked on the railroad tracks at 1st Avenue Northwest and County Road 81 in the City of Osseo, Hennepin County, Minnesota. The vehicle was parked at an angle, facing the Northwest direction, with its headlights on. Officer Palomata drove up to the vehicle and engaged his squad light. Initially, he did not see a driver or passenger, but given the vehicle was running, he exited his squad to further investigate.
Officer Palomata approached the passenger side of the vehicle and observed a female in the driver seat, slumped over with her head down. The driver, later identified as KAITLYN RAE TOPPER [DOB REDACTED], quickly picked her head up and began speaking with Officer Palomata. He asked if she knew that she was parked on the railroad tracks, and she stated no. For safety, Officer Palomata asked TOPPER to drive a few feet forward until she was off the tracks; to which she did. While speaking with TOPPER, Officer Palomata observed that her eyes were teary and bloodshot.
He then asked if she had been drinking, and TOPPER admitted that she did. She then got emotional, stating that her boyfriend had cheated on her, and that she drove all the way from Shakopee as she did not have anyone else. TOPPER attempted to give Officer Palomata her car keys, stating that she was scared, and did not want to drive without his permission. Officer Palomata asked TOPPER to exit the vehicle to perform Standardized Field Sobriety Testing (SFST.) As TOPPER exited the vehicle, Officer Palomata observed her to be unsteady on her feet, and detected the scent of an alcoholic beverage emanating from the vehicle.
The first test conducted was the Horizontal Gaze Nystagmus test. Officer Palomata observed a lack of smooth pursuit in both eyes, distinct and sustained nystagmus at maximum deviation in both eyes, and the onset of nystagmus prior to 45 degrees in both eyes. Before the next test, TOPPER began to get emotional. Officer Palomata asked if she was ready for the next test, and she said yes. Officer Palomata began to explain the Walk and Turn test, but TOPPER interrupted, telling him to “just put [her] in handcuffs, and take [her] to jail.” TOPPER then stated to Officer Palomata to, “let [her] take another shot before taking [her] to jail.” At this time, Officer Palomata stopped the SFSTs and asked if TOPPER was willing to take a Preliminary Breath Test (PBT). TOPPER stated yes, and provided a sample, resulting in a PBT reading of.208. Based on indicia of impairment during face-to-face conversation, admission of consuming alcohol, performance on the SFSTs, and PBT reading of.208, TOPPER was placed under arrest, handcuffed, and escorted into the back of Officer Palomata’s squad car.
Upon arrival at the Osseo Police Department, TOPPER was read the Minnesota Breath Test Advisory. TOPPER stated that she understood, did not wish to speak with an attorney, and would submit to a breath test. After a sufficient observation period, TOPPER provided two adequate breath samples, resulting in a blood alcohol concentration of.23 at 1:01 AM.
