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State Minnesota v. Earthia Wiley

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eBook details

  • Title: State Minnesota v. Earthia Wiley
  • Author : Supreme Court of Missouri
  • Release Date : January 19, 1985
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 65 KB

Description

Appellant was found guilty of possession of a Schedule I controlled substance by the Hennepin County District Court, in violation of Minn. Stat. ? 152.09, subd. 1(2)(1984). The prosecution arose out of the seizure at appellants residence, pursuant to a search warrant, of two boxes containing loose, suspected marijuana. Appellant moved to suppress this evidence on the ground that the affidavit filed in support of the search warrant did not establish probable cause to search the residence. Appellant also moved for disclosure of the identity of the informant who provided the information contained in the affidavit. Appellant appealed the denial of these motions to the Court of Appeals, claiming in addition that the evidence was insufficient to support the trial courts findings that the seized substances were marijuana and that appellant constructively possessed the substances. The Court of Appeals, sitting en banc, unanimously found the evidence sufficient to support the verdict and unanimously affirmed the trial courts denial of appellants motion to disclose the identity of the informant. The Court of Appeals divided, however, on whether the affidavit in support of the application for the search warrant was sufficient to establish probable cause to search, affirming the trial court by virtue of even division of the en banc panel. We affirm.


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