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STATE v. VOSS

No. A03-1241.

683 N.W.2d 846 (2004)

STATE of Minnesota, Respondent, v. David VOSS, Appellant.

Court of Appeals of Minnesota.

July 20, 2004.

Attorney(s) appearing for the Case

Mike Hatch, Attorney General, St. Paul, MN, and Paul M. Malone, Murray County Attorney, Slayton, MN, for respondent.

John M. Stuart, State Public Defender, Roy G. Spurbeck, Assistant State Public Defender, Minneapolis, MN, for appellant.

Considered and decided by MINGE, Presiding Judge, HARTEN, Judge, and HALBROOKS, Judge.

OPINION

HARTEN, Judge.

Appellant challenges his convictions of and stayed sentences for two counts of fifth-degree controlled substance offense, arguing that firefighters, who were inside appellant's residence after extinguishing a fire and searching for the cause of the fire and for hotspots, exceeded the scope of their lawful presence by opening a disconnected basement freezer, where they discovered marijuana. Because the state failed to meet its burden...

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