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Publisher Description

Court of Appeals Office of Appellate Courts Debra Ann Souto appeals from her conviction in the Pennington County District Court for possession of a controlled substance in the fifth degree in violation of Minn. Stat. § 152.025, subd. 1(2), 3(b) (1996). The conviction resulted from a search of Souto's residence, pursuant to a warrant, that uncovered a vial containing less than one gram of methamphetamine. Souto challenges the sufficiency of the information contained in the warrant application to establish probable cause to believe that drugs or records concerning drug transactions would be found at her residence. Specifically, Souto argues that the affidavit is deficient in the following ways: it fails to establish a nexus between her alleged drug activities and her residence; it relies on stale information; and it fails to provide sufficient information regarding the reliability of the informant. Because we hold that there is no substantial basis for a probable cause determination that drugs or other incriminating evidence would be found at the residence at the time it was searched, we reverse the court of appeals and vacate Souto's conviction.

GENRE
Professional & Technical
RELEASED
1998
May 14
LANGUAGE
EN
English
LENGTH
18
Pages
PUBLISHER
LawApp Publishers
SELLER
Innodata Book Distribution Services Inc
SIZE
70.4
KB

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