STATE v. ALAYON

No. C5-89-1768.

459 N.W.2d 325 (1990)

STATE of Minnesota, Petitioner, Appellant, v. Rolando Thomas ALAYON, Respondent.

Supreme Court of Minnesota.

Rehearing Denied September 12, 1990.


Attorney(s) appearing for the Case

Phillip S. Resnick, Resnick & Patterson, Minneapolis, for appellant.

Hubert H. Humphrey, III, Atty. Gen., St. Paul, and Tom Foley, Ramsey County Atty., Darrell C. Hill, Asst. Ramsey County Atty., St. Paul, for respondent.

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


YETKA, Justice.

This appeal raises a number of fourth amendment issues, including when police may make a limited sweep of a residence to preserve evidence pending the issuance of a search warrant and what scope of review is appropriate when an appellate court reviews a trial court's determination that consent to search without a warrant was "voluntary." After considering these issues (and all the issues addressed by the parties in their briefs), we conclude that the...

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