STATE v. AKERS

No. C2-01-1388.

636 N.W.2d 841 (2001)

STATE of Minnesota, Appellant, v. Glenn Vernon AKERS, Respondent.

Court of Appeals of Minnesota.

December 18, 2001.


Attorney(s) appearing for the Case

Mike Hatch, Attorney General, St. Paul, MN; and Thad N. Tudor, Assistant Isanti County Attorney, Cambridge, MN, for appellant.

John M. Stuart, State Public Defender, Michael C. Davis, Special Assistant State Public Defender, St. Paul, MN, for respondent.

Considered and decided by AMUNDSON, Presiding Judge, HARTEN, Judge, and FOLEY, Judge.


OPINION

HARTEN, Judge.

The state appeals from a pretrial order to suppress evidence obtained during a search of respondent's property, arguing that even after supplying an omission, the warrant application set forth probable cause and that there was no evidence the omission was deliberate or reckless. Because we conclude that the issuance of the search warrant violated respondent's due process rights, we affirm.

FACTS

The Isanti County...

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