STATE v. YAHNKE

No. C8-82-1062.

336 N.W.2d 299 (1983)

STATE of Minnesota, Appellant, v. Donald Marvil YAHNKE, Respondent.

Supreme Court of Minnesota.

Rehearing Denied August 17, 1983.


Attorney(s) appearing for the Case

Hubert H. Humphrey III, Atty. Gen., St. Paul, R. Kathleen Morris, County Atty., Shakopee, for appellant.

Jaspers Moriarty and Walburg and Dennis P. Moriarty, Shakopee, for respondent.

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


KELLEY, Justice.

The state appeals, pursuant to Minn.R. Crim.P. 29.03, from orders of the district court suppressing evidence and dismissing the prosecution of two criminal complaints against defendant. The trial court suppressed evidence, including live testimony by victims of defendant's alleged misconduct, on the ground that it was the fruit of an illegal warranted search. We hold that the trial court erred in concluding that the search was illegal. We therefore...

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