STATE v. BOURKE

No. A04-1121.

718 N.W.2d 922 (2006)

STATE of Minnesota, Respondent, v. Richard Lowell BOURKE, Appellant.

Supreme Court of Minnesota.

August 3, 2006.


Attorney(s) appearing for the Case

John Stuart, State Public Defender, Bridget Kearns Sabo, Assistant Public Defender, Minneapolis, MN, for Appellant.

Mike Hatch, Attorney General, Thomas R. Ragatz, Mary McKinley, Assistant Attorney Generals, St. Paul, MN, Jeffrey Edbald, Isanti County Attorney, Cambridge, MN, for Respondent.

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


OPINION

GILDEA, Justice.

Richard Lowell Bourke was found guilty of conspiring to manufacture methamphetamine and sentenced to 72 months in prison. Bourke argues that the district court erred in denying his motion to suppress the evidence seized during the nighttime search of his property. Bourke contends that the search warrant application did not contain specific facts to justify a nighttime search as required by the constitution and Minn.Stat. § 626...

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