Criminal/ Report from Ex-Wife

The Court finds that a report from the driver’s ex-wife that she believed the driver was “borderline drunk” along with an officer’s observations reasonable suspicion to stop the vehicle.  Freeman  v.  Commissioner, A08-1433 (Ct. App. Unpbl.  07/07/09)

Criminal – Curtilage of Residence

The Court agrees with a District Court order surppressing evidence of drugs found underneath a tree in the backyard on a property where there was a call to put out a fire.  The pine was about 15-20 feet outside the back door of the residence and an officer seized the bag without a warrant.  The Court finds that the State failed to establish that the bag was found outside the curtilage of the residence.   State v. Boman, A09-0061  (Ct. App. Unpbl. 07/07/09

Criminal/ Private Search – No Suppression

An assisting emergency room technician searched the defendant’s clothes for valuables and found crack cocaine.  The technician turned the crack cocaine over to the state trooper who was not present during the search.  The Court finds that this was a private search and there was no State action requiring suppression. State  v.  Harris, A08-0717 (Ct. App. Unpubl.  07/07/09)

Criminal/ Search Warrant-Informant

A confidential informant came to  officers and told them that the defendant used meth and sold controlled substances at his place of business.  Some of the information was confirmed and officers found amphetamine in garbage set out at the defendant’s home.  The Court finds probable cause  for a search warrant at the defendant’s place of business.  State  v.  Pederson, A08-1555  (Ct.  App.  Unpubl.  07/07/09)

Criminal/ Broken Taillight

The  Court finds that a broken taillight provided sufficient reason to stop the vehicle.  State  v.  Jorgenson, A08-0865  (Ct. App. Unpubl.  07/07/09

Criminal- Vehicle Stop Improper

An officer observed the defendant’s vehicle stopped behind a railroad crossing at 1:30 a.m.  After a few minutes the vehicle had still not moved.  When the officer exited the squad car the vehicle drove away and stopped at a nearby stop light. The Court finds that the officer did not have reason to suspect criminal activity and finds the stop improper.   State  v.  Jahnke, A09-0322  (Ct.  App.  Unpubl.  07/07/09)

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