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STATE v. EICHERS

No. A13-0121.

853 N.W.2d 114 (2014)

STATE of Minnesota, Respondent, v. Corey Joel EICHERS, Appellant.

Supreme Court of Minnesota.

September 10, 2014.

Attorney(s) appearing for the Case

Lori Swanson , Attorney General, Saint Paul, Minnesota; and Janelle P. Kendall , Stearns County Attorney, Carl Ole Tvedten , Assistant County Attorney, Saint Cloud, MN, for respondent.

Cathryn Middlebrook , Chief Appellate Public Defender, Bridget K. Sabo , Assistant State Public Defender, Saint Paul, MN; and Ryan M. Schultz , Benjamin C. Linden , Special Assistant State Public Defenders, Robins, Kaplan, Miller & Ciresi L.L.P., Minneapolis, MN, for appellant.

Cort C. Holten , Jeffrey D. Bores , Chestnut Cambronne P.A., Minneapolis, MN, for amicus curiae Minnesota Police and Peace Officers Association Legal Defense Fund.

OPINION

ANDERSON, Justice.

This case presents the questions of whether, for purposes of the Fourth Amendment to the United States Constitution and Article I, Section 10, of the Minnesota Constitution, the movement of a package from a conveyor belt to the floor at an airport mail facility for purposes of a dog sniff constitutes a seizure; whether a dog sniff of such a package constitutes a search; and whether, if these actions constituted a seizure or a search...

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