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IN RE WELFARE OF J.W.L.

No. A06-863.

732 N.W.2d 332 (2007)

In the Matter of the WELFARE OF J.W.L., Child.

Court of Appeals of Minnesota.

June 5, 2007.

Attorney(s) appearing for the Case

Lori Swanson, Attorney General, St. Paul, MN; and Susan Gaertner, Ramsey County Attorney, Sarah A. McGee, Mark N. Lystig, Assistant County Attorneys, St. Paul, MN, for respondent State of Minnesota.

John M. Stuart, State Public Defender, Lawrence Hammerling, Deputy Public Defender, Gregory Scanlon, Certified Student Attorney, Minneapolis, MN, for appellant J.W.L.

Considered and decided by LANSING, Presiding Judge; PETERSON, Judge; and CRIPPEN, Judge.

OPINION

PETERSON, Judge.

This appeal is from a denial of a motion to suppress photographs of graffiti taken by a police officer who discovered the graffiti while searching a home during an emergency. Appellant argues that taking the photographs constituted a seizure and, therefore, because (1) the officer could not remain in the home to take the photographs after finding no emergency in the home and (2) the officer did not have probable cause to believe...

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