March 18, 2024, Minnesota Court of Appeals Caselaw Update

Today, March 18, 2024, the Minnesota Court of Appeals released one precedential opinion in a criminal case.

In State v. Hansen, A23-0428 (Minn. App. March 18, 2024), the court of appeals affirmed the Aitkin County District Court’s ruling that a warrantless search of garbage set out for collection does not violate the Fourth Amendment to the United States Constitution or article I, section 10 of the Minnesota Constitution even if a local ordinance prohibits the inspection or removal of items from a private waste receptacle.

Law enforcement removed two trash bags from the garbage can placed on the right of way outside of Hansen’s home and used information from the trash bags to apply for a nighttime search warrant of Hansen’s home.

The district court determined that Hansen did not have a reasonable expectation of privacy in her garbage set out for collection and rejected Hansen’s argument that law enforcement trespassed by searching her waste container in violation of an Aitkin County ordinance.

The court of appeals affirmed after finding that a police search of garbage does not violate the Minnesota or United States Constitutions because a defendant’s reasonable expectation of privacy ends when the garbage is placed outside the curtilage for collection.

OPa230428-031824.pdf (mncourts.gov)

Aitkin County District Court; third-degree controlled substance crime (methamphetamine in a school zone); two counts of fifth-degree controlled substance crime, and one count of possession of a hypodermic needle.

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March 19, 2024, Minnesota Supreme Court Update

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March 13, 2024, Minnesota Supreme Court Caselaw Update