MINNEAPOLIS — A Minnesota appeals court on Monday upheld the conviction of Myon Burrell on gun and drug charges, ruling that a search following a 2023 traffic stop was lawful and rejecting defense claims that officers lacked probable cause to expand the stop into an impaired-driving investigation.
The three-judge panel of the Minnesota Court of Appeals found no reversible error in the trial court’s credibility determinations, including an officer’s testimony that he smelled burnt marijuana, observed smoke coming from Burrell’s vehicle, and saw signs of impairment such as bloodshot eyes and dilated pupils. The search of the sport utility vehicle turned up a handgun and pills that field-tested positive for methamphetamine and ecstasy.
Burrell’s attorneys argued that the traffic stop should have remained limited to a driving offense and that the subsequent search without a warrant violated his Fourth Amendment rights. They also contended the officer’s account was not credible because the alleged smoke was not visible on body-worn or dashboard camera footage. The appeals court said it would defer to the trial court’s findings and rejected those arguments.
Burrell was convicted last year on charges tied to the 2023 stop in the Minneapolis suburb of Robbinsdale and was later sentenced to five years in prison. Prosecutors noted that because Burrell’s 2002 conviction for first-degree murder remained on his record, it was illegal for him to possess a firearm. Under Minnesota practice, inmates typically serve two-thirds of their prison sentences and one-third on supervised release.
Burrell was 16 when he was arrested in the death of 11-year-old Tyesha Edwards, who was struck by a stray bullet in Minneapolis in 2002. He has long maintained his innocence. Investigations by The Associated Press and APM Reports in 2020 uncovered new evidence and serious flaws in the original probe, prompting creation of an independent legal panel. Burrell was freed in 2020 after serving 18 years; the state pardons board commuted his sentence to time served but denied a full pardon, leaving his murder conviction on his record.
The appeals court’s ruling leaves in place the lower court’s findings that the officer observed indicia of impairment and that the subsequent search of the vehicle was lawful. The decision was issued on Monday by the Minnesota Court of Appeals and did not immediately indicate whether Burrell will seek further review from the state Supreme Court.