On August 10, 2026, the Minnesota Court of Appeals reversed the controlled-substance convictions of a client represented by criminal defense attorney Mark D. Kelly.
The case centered on whether law enforcement had probable cause to conduct a warrantless search of the client’s vehicle.
A sheriff’s deputy smelled marijuana coming from the vehicle and observed a burnt marijuana cigarette, commonly referred to as a “roach.” Based on those circumstances, officers searched the vehicle and discovered controlled substances. The district court denied the defense motion to suppress the evidence, finding the search lawful, and the client was subsequently convicted of second- and fifth-degree controlled-substance offenses.
Mark D. Kelly appealed the ruling, challenging whether the facts known to the deputy were sufficient to establish probable cause for the warrantless search.
The Minnesota Court of Appeals agreed with the defense and reversed.
The Court concluded that the odor of marijuana, combined with the presence of a noncriminal amount of marijuana in the vehicle, did not establish a fair probability that additional contraband or evidence of a crime would be found. The Court also noted the absence of other circumstances that could have supported probable cause, such as signs of impairment, drug paraphernalia in plain view, or suspicious behavior.
Because law enforcement lacked probable cause to search the vehicle, the Court held that the evidence obtained during the search should have been suppressed. The Court therefore reversed the district court’s ruling and reversed the client’s convictions.
State of Minnesota v. Terrance Stephen Russell, Minnesota Court of Appeals File No. A25-1718, filed August 10, 2026.
