STATE v. ANDRIES

No. 50688.

297 N.W.2d 124 (1980)

STATE of Minnesota, Respondent, v. Mary Ellen ANDRIES, Appellant.

Supreme Court of Minnesota.

Rehearing Denied September 9, 1980.


Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, and Evalynn Welling, Asst. Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., Thomas L. Fabel, Deputy Atty. Gen., and John H. Daniels, Jr., Sp. Asst. Atty. Gen., St. Paul, Richard Swanson, County Atty., Grand Marais, for respondent.

Considered and decided by the court en banc without oral argument.


WAHL, Justice.

The sole issue on this appeal by defendant from her judgment of conviction of possession of marijuana with intent to sell is whether the search warrant resulting in the discovery of the evidence which incriminated her violated either the Fourth Amendment or state law because it was authorized over the telephone by a judge who fully complied with the requirements of the relevant statutes except that he did not personally sign the warrant but instead...

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