Sgt Turner conducted NCIC checks of the vehicle and found the lone registered owner, Tory Sullivan Smedstad, [DOB REDACTED], the above-named defendant, to be flagged for expired driver's license. Sgt Turner observed Smedstad is listed as 5'9" and 150 lbs and saw the driver of the suspect vehicle was alone in the vehicle and matched that description. Sgt Turner initiated a stop as the vehicle pulled into McDonald's located at [ADDRESS REDACTED] in the City of Princeton, Sherburne County. Sgt Turner approached and confirmed the driver was the Defendant via MN Driver's license (expired). The Defendant acknowledged his driver's license was expired.
Sgt Turner observed the Defendant was replying in short responses, appeared to be evading eye contact, and was emitting an odor of alcoholic beverage residue as he spoke. The Defendant admitted to drinking two beers just now. Sgt Turner administered SFSTs and observed 6 clues in HGN, 2 clues in Walk and Turn, and at least one clue in One Leg Stand. Sgt Turner observed empty containers of alcoholic beverage in the back seat. Sgt Turner determined the Defendant was impaired and unable to operate a motor vehicle safely.
Sgt Turner administered a PBT to confirm alcohol use, and the PBT yielded.14 BAC. Sgt Turner arrested the Defendant, and the Defendant requested to smoke and call someone. Sgt Turner retrieved cigarettes and a phone from the truck at the Defendant's request and observed a Coor's Light beer in a coozy in the driver's door. Sgt Turner observed the can had golden liquid that smelled of beer. Sgt Turner collected a sample. Sgt Turner also retrieved cigarette pack from the door at the Defendant's request, and observed a plastic bag of white powder consistent with cocaine based on Sgt Turner's experience.
Sgt Turner found a makeshift pipe with white residue and another plastic vial of suspected cocaine in the door. The two packages of suspected cocaine were found to field test positive for cocaine, a Schedule II Controlled Substance, and weigh over 0.5 grams without packaging. Sgt Turner transported the Defendant to the Sherburne County Jail and completed an observation period and a Breath Test Advisory. The Defendant indicated he understood the BTA, did not want an attorney, and would take the test.
Sgt Turner administered the DMT at that time and found the machine to yield a BAC of 0.13 within two hours of driving. A review of the Defendant’s criminal record shows he has a DUI conviction from 2017. PLEASE TAKE NOTICE: Pursuant to Minn. Stat. 609.49, intentional failure to appear for duly scheduled court appearances may result in additional criminal charges, and in addition to any arrest warrant that may otherwise be issued by the Court.
