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in Mankato's downtown entertainment district.

Appeals court rules unusual walk enough cause to be stopped

After District Court Judge Bradley Walker ruled against her request to dismiss the charge because police didn't have enough cause to stop her, Bergland pleaded guilty to the charge in March 2010. But she reserved the right to appeal Walker's ruling. Her attorney, Mark Betters, said the odd manner of walking, which Bennett even said was difficult to describe, was not enough to justify a stop.

Rambling references to Monte Python's Flying Circus and the movie "Hugo Pool" aside, the Minnesota Court of Appeals issued a ruling this week saying a woman's awkward walk was enough for an experienced Mankato police officer to suspect she was intoxicated.

The Court of Appeals disagreed. The court found that Walker also could consider Bennett's experience as a police officer and the location of the incident in his ruling finding there was cause to stop Bergland. Bennett had been a police officer for more than a decade at the time.

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Bennett and another officer stopped a car that pulled out of the ramp at that point because the driver looked like the woman with a "very unusual gait." Bergland was then arrested for driving while intoxicated, her second DWI offense in four years.

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Walker likely didn't intend any puns when he issued a staggered sentence for Bergland on Monday, requiring her to serve three different 15 day jail sentences through 2013. It's a common sentence for drivers with a second or third DWI.

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she looked "really drunk," Bennett said during a pre trial hearing he became concerned when he heard a car door slam in the ramp. There was a good Air Max 0 Nike Id chance that Bergland was about to drive the car because there were few other people in the area, he said.

Johanna Leigh Bergland, 26, was walking toward downtown's Cherry Street Parking Ramp in March 2010 when she caught the attention of Jason Bennett. He is a Mankato police officer who was on, quite literally in this case, foot patrol.

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bottom line is that there's a lot of circumstances that go into a police officer making a decision to stop someone," Betters said this week. "In my experience I felt it should take more than someone with a unique gait. That's why we appealed. We thought the probable cause in this case was too weak to make the stop."

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