Myon Burrell argues no legal basis for vehicle search that resulted in gun charges

Defense attorneys for Myon Burrell, the man released from prison after his life sentence for murder was commuted in late 2020, are arguing that Robbinsdale police had no legal basis to pull him over in August and search his SUV, resulting in felony weapons and drug charges.

Burrell, 37, can't possess guns because of the felony murder conviction. As a juvenile, he was accused of killing of 11-year-old Tyesha Edwards, who was struck by a stray bullet while doing math homework at her south Minneapolis dining room table. Burrell's life sentence was commuted by the Minnesota Board of Pardons after he served 18 years. He has always maintained his innocence in Tyesha's killing.

Three years later, Burrell was back in custody, albeit briefly, after the Aug. 29 traffic stop. Records show he was released from jail after four days when the nonprofit Minnesota Freedom Fund posted his $100,000 bail.

He appeared in court Tuesday with his attorneys Paul Applebaum and Nico Ratkowski to set a future date (in January) to argue over the legal basis for the warrantless search of the SUV.

According to charges of felony illegal weapon possession and fifth-degree drug possession, a Robbinsdale police officer said Burrell's SUV was traveling erratically and going over the 30 mile per hour speed limit shortly before 11 a.m.

The officer smelled a strong odor of burnt marijuana when the driver's side window was rolled down. In the center console, the officer found a loaded 9-millimeter handgun with an extended magazine. A backpack in the back seat contained two bags of marijuana and 21 clear capsules of a crystal-like powder that tested positive for methamphetamine. He also had a bag of 16 suspected ecstasy pills, more empty baggies and a digital scale.

Court records filed by defense earlier this month argue the evidence seized from the SUV should be suppressed because the officer lacked reasonable suspicion "to stop Mr. Burrell for lane violations and speeding."

"In the video of the stop, the vehicle never crosses the lane lines; further, any alleged violations were due to the officer following closely behind Mr. Burrell's vehicle," his defense argued in court filings.

The search, "based on nothing more than an imaginary cloud of smoke," the filings state, "exceeded the proper scope and duration of the stop."

Applebaum said in a phone interview Tuesday that Burrell wasn't driving erratically.

"I drive more erratically than that. I mean, come on," he said. "There was very little driving conduct to justify pulling him over and there was very little conduct after the traffic stop to go further and search the vehicle."

He said that a recent Minnesota Supreme Court decision will likely weigh in their favor.

Justices ruled in a split 5-2 opinion last month that the odor of marijuana alone does not establish probable cause for officers to search a vehicle. That opinion stems from a 2021 traffic stop by Litchfield police. Officers smelled marijuana and ordered the driver, Adam Torgerson, his wife and child out of the car. They found meth and three pipes, and he was charged with drug possession in the presence of a minor.

Justices ruled in favor of Torgerson's appeal because nothing suggested he was under the influence. "In the absence of any other evidence as part of the totality of the circumstances analysis, the evidence of the medium-strength odor of marijuana, on its own, is insufficient to establish a fair probability that the search would yield evidence of criminally illegal drug-related contraband or conduct."

Burrell's case was filed in Hennepin County District Court, but the it is being prosecuted by Dakota County. Hennepin County Attorney Mary Moriarty had a conflict of interest as Burrell was a paid staffer on her campaign last year to become county attorney.

The Minnesota Board of Pardons voted to release Burrell because of an "exceptionally long" sentence he received as a juvenile, said Gov. Tim Walz, a board member at the time.

Walz proposed commuting Burrell's life term to 20 years and requiring him to serve the remainder of the time — two years — on supervised release. That supervision expired in December.