Wednesday, November 27, 2013

11/27/2013: No Published Supreme Court Criminal Opinions; Review Granted in One Case Which Presents Search Question

State v. McMurray, Minn.Ct.App., 9/16/2013, review granted, 11/27/2013.  Police searched Mr. McMurray's trash, and found some meth.  They bootstrapped that finding into a search warrant for Mr. McMurray's house, where they found more meth.  Mr. McMurray moved to suppress the evidence found inside the house, arguing that the Minnesota Constitution provides more of a reasonable expectation of privacy in one's trash than does the Fourth Amendment.  If so, then the meth found in the trash could not be used to support the search warrant for the house.  Mr. McMurray also raised ineffective assistance of counsel for the way in which trial counsel handled the stipulated facts trial; and he complained about the employment of a stipulated facts trial in this case.

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