CASE LAW UPDATE: Upon arrest, a defendant requesting that officer retrieve his shoes gives officer right to be in house and observe items under plain view doctrine
Defendant was convicted of theft in the County of Crow Wing, State of Minnesota. He argued that the search of his apartment was unconstitutional on the grounds that the warrant was issued upon unconstitutionally obtained information. Defendant had asked the officer to retrieve his shoes from the apartment, and permitted the officers to enter the apartment to find his keys, and told the officer where the items were located. The Minnesota Court of Appeals concluded that the officer’s observation of the stolen drone in defendant’s apartment was properly included in the warrant under the plain view doctrine. Affirmed.
State v. Dircks, A19-1434, Crow Wing County.
Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.