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STATE v. BUSWELL

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

460 N.W.2d 614 (1990)

STATE of Minnesota, Petitioner, Appellant, v. Jeffrey Scott BUSWELL, Gary Leek Schwartzman, and Dale Jay Schmidt, Respondents.

Supreme Court of Minnesota.

Rehearing Denied October 8, 1990.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., William F. Klumpp, Jr., Asst. Atty. Gen., St. Paul, and Stephen C. Rathke, Crow Wing County Atty., Brainerd, for appellant.

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

Steven J. Meshbesher, John J. Leunig, Meshbesher, Birrell & Dunlap, Minneapolis, for Gary Schwartzmann.

Richard D. Genty, Winsted, for Dale Schmidt.

Heard, considered and decided by the court en banc.

KELLEY, Justice.

Resolution of this case requires that we examine the extent to which searches of motor vehicles that turn up contraband seized by private security guards, who later turn the contraband over to government authorities for use in criminal prosecutions, constitute governmental actions subject to the limitations on unreasonable search and seizure of the Fourth Amendment to the United States Constitution. In denying the respondents' motions to suppress...

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