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GARZA v. STATE

Nos. C8-00-526, CX-00-527.

632 N.W.2d 633 (2001)

Xavier GARZA, Jr., Respondent, v. STATE of Minnesota, Petitioner, Appellant. Xavier Garza, Sr., Respondent, v. State of Minnesota, Petitioner, Appellant.

Supreme Court of Minnesota.

August 16, 2001.

Attorney(s) appearing for the Case

Michael Hatch, Attorney General, Kelly S. Kemp, Assistant Attorney General, Lisa Borgen, Clay County Attorney, for appellant.

Mark D. Nyvold, for Xavier Garza, Jr., respondent.

John M. Stuart, State Public Defender, Jodie L. Carlson, Assistant State Public Defender, for Xavier Garza, Sr., respondent.

Heard, considered and decided by the court en banc.

OPINION

STRINGER, Justice.

Following a controlled buy of marijuana by Fargo, North Dakota police, the trail of supply led to the home of Xavier Garza, Sr., his son, Xavier Garza, Jr. (collectively respondents) and Dora Garza, the wife of Xavier Garza, Sr., in Dilworth, Minnesota. A Clay County Sheriff's Office detective executed a search of the residence and storage shed. The warrant included a provision for an unannounced entry and was issued by a magistrate...

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