CASE DISMISSED – Felony Charges Against Rochester Area Man Tossed

Rochester, MN (KROC-AM News) - The prosecution of a Rochester area man who was allegedly caught possessing a gun despite having multiple felony convictions has a run afoul of a State Supreme Court ruling that was issued last year.

The court ruled the law enforcement officers could no longer use the detection of the odor of marijuana as a reason to search vehicles without a warrant. Court documents indicate the search that led to the discovery of a 9 mm handgun in the vehicle driven by 33-year-old Joshua Kuehl was initiated because the police officer who had pulled him over in downtown Rochester last March detected the odor of the now legal drug coming from the pickup truck.

An Olmsted County judge this week issued an order dismissing all of the charges filed against the West Concord man as a result of the traffic stop and search. He was charged with felony and gross misdemeanor counts of illegal possession of a firearm, a felony charge for possessing a firearm with an obliterated or changed serial number, and a felony drug possession charge.

Get our free mobile app

In addition to the loaded handgun with the scratched off serial number, the criminal complaint also alleged that suspected THC wax, drug paraphernalia, and more than $4000 in cash were seized by police during the search.

Court records show Kuehl has previous convictions for felony drug possession in Olmsted, Dodge, Wabasha, and Washington counties. He has also been convicted of felony DWI in Winona County.

More Minnesota News:

• Elected Officials Meet Today For Rochester "Homeless Summit"
• Rochester Schools Uses New Law to Extend Tax Without Referendum
• Overnight Fire at Rochester Apartment Complex Under Investigation