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STATE v. ROCHEFORT

No. C2-00-148.

631 N.W.2d 802 (2001)

STATE of Minnesota, Petitioner, Appellant, v. Rick Allen ROCHEFORT, Respondent.

Supreme Court of Minnesota.

July 19, 2001.

Attorney(s) appearing for the Case

Mike Hatch, Attorney General, Kelly O'Neill Moller, Asst. Attorney General, St. Paul, Brian Roverud, Faribault County Attorney, Blue Earth, MN, for appellant.

John M. Stuart, State Public Defender, Marie Wolf, Asst. State Public Defender, Minneapolis, MN, for respondent.

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

OPINION

LANCASTER, Justice.

We granted review in this case to address a narrow question: What is the correct standard of review for an appellate court examining a district court's probable cause determination made upon issuing a search warrant? The court of appeals reviewed the determination de novo. Because we conclude that the court of appeals erred in conducting a de novo review, we reverse and remand to that court for application of the correct, deferential...

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