STATE v. BUSWELL

Nos. C5-89-555, CX-89-1166 and C5-89-1169.

449 N.W.2d 471 (1989)

STATE of Minnesota, Respondent, v. Jeffrey Scott BUSWELL, Appellant, (C5-89-555) Gary Lee Schwartzman, Appellant, (CX-89-1166) Dale Jay Schmidt, Appellant. (C5-89-1169).

Court of Appeals of Minnesota.

Review Granted February 21, 1990.


Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Paul R. Kempainen, Asst. Atty. Gen., St. Paul, Stephen C. Rathke, Crow Wing County Atty., Brainerd, for State.

Robert W. Owens, Jr., Heuer & Associates, Minneapolis, for Jeffrey Scott Buswell.

Steven J. Meshbesher, Meshbesher Birrell & Dunlap, Minneapolis, for Gary Lee Schwartzman.

Richard D. Genty, Winsted, for Dale Jay Schmidt.

Heard, considered and decided by PARKER, P.J., and CRIPPEN and BOWEN, JJ.


OPINION

CRIPPEN, Judge.

Appellants contend their fourth amendment rights were violated by security agent searches at the gateway to Brainerd International Raceway. The trial court concluded the policing activity was private. We reverse and remand.

FACTS

Each appellant was charged with possession of controlled substances. After a consolidated omnibus hearing, the trial court determined that the evidence seized was the product of a private...

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