STATE v. FAKLER

Nos. CX-92-1193, C8-92-1192.

503 N.W.2d 783 (1993)

STATE of Minnesota, Petitioner, Appellant, v. Gordon Frederick FAKLER, Gregory George Fakler, Respondents.

Supreme Court of Minnesota.

August 13, 1993.


Attorney(s) appearing for the Case

Hubert H. Humphrey III, Atty. Gen., James B. Early, Sp. Asst. Atty. Gen., St. Paul, Julius E. Gernes, Winona County Atty., Winona, for appellant.

Mark A. Mercklewitz, Winona, for respondents.

Heard, considered, and decided by the court en banc.


COYNE, Justice.

We review here an unpublished decision of the court of appeals affirming a pretrial order suppressing evidence in the prosecution of Gordon and Gregory Fakler and dismissing the charges against the two men. This appeal presents two issues, both questions of first impression in this court: (1) What standard governs a magistrate's decision whether to authorize the installation and use of a pen register; and (2) Does the exclusionary rule apply to a violation...

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