NCJ Number
137040
Date Published
1989
Length
50 pages
Annotation
This report discusses the United States Supreme Court decisions and other judicial decisions that regulate the authorization of residential searches or seizures in Minnesota.
Abstract
In general, a search or seizure in a residence requires a warrant. Minnesota law regulates search warrants; State and Federal constitutional law limit the State's statutory scheme. Issues that must be considered include probable cause, the requirements for search warrants based on an informant's tip, and the exclusionary rule. For warrantless searches, understanding of the definition of the curtilage of a residence, the requirements for consent searches, exigent circumstances for nonconsensual entries and searches, searches incident to arrest, searches for children in danger, and the plain view doctrine is crucial. However, obtaining a warrant is always the safest course of action, because courts have always been more likely to uphold police action that has prior judicial authorization, even if the warrant is held to be defective. If a warrant cannot be obtained due to time constraints, the next safest course is to proceed by consent. The exceptions to the warrant requirement for residences should be used only as a last resort, when the exigency is great, and the offense is not minor. List of cases