(DOWNLOAD) "Boutin v. Lafelur" by Minnesota Supreme Court ~ Book PDF Kindle ePub Free
eBook details
- Title: Boutin v. Lafelur
- Author : Minnesota Supreme Court
- Release Date : January 22, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
This is a pretrial appeal from an order granting appellant Robert Joseph Jordans motion to suppress evidence obtained from a nighttime search of his home. Jordan and his wife were not present at the time of the search but Jordans pregnant daughter, her boyfriend, and a third individual were present and each was in bed. Based on evidence obtained during the search of his home, Jordan was charged with one count of third-degree possession of a controlled substance. The district court concluded that the warrant application lacked sufficient facts to justify a nighttime entry and the circumstances present at the time of entry resulted in a constitutional violation, requiring suppression of all evidence seized during the search. The court of appeals reversed, holding that, because Jordan was not present in the home at the time of the search, the violation was statutory, not constitutional, and suppression was not required. State v. Jordan, 726 N.W.2d 534, 541 (Minn. App. 2007) rev. granted (Minn. Apr. 17, 2007). We reverse and reinstate the suppression order.
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