STATE v. LIEN

No. 47669.

265 N.W.2d 833 (1978)

STATE of Minnesota, Appellant, v. Robert LIEN, Respondent.

Supreme Court of Minnesota.

April 28, 1978.


Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., Thomas L. Fabel, Deputy Atty. Gen., Craig H. Forsman, Spec. Asst. Atty. Gen., St. Paul, D. P. Mattson, County Atty., Rochester, for appellant.

Mark G. Stephenson and Roger E. Petersen, Rochester, for respondent.

Considered and decided by the court without oral argument.


KELLY, Justice.

This is an appeal pursuant to Rule 29.03, Rules of Criminal Procedure, from a pretrial order of the district court suppressing evidence in a prosecution of defendant for possession of marijuana. The appeal raises the issue of the legality of an unannounced nighttime entry of a dwelling place to execute a search warrant for marijuana. The district court concluded that the search was illegal because the affidavit on which the warrant was based did not...

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