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eBook details

• Title: State v. Leonard J. Fox
• Author : Supreme Court of Minnesota
• Release Date : January 03, 1969
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 53 KB

Description

Defendant appeals from a judgment of conviction after trial for the crime of unlawful possession of narcotics, Minn. St. 618.01,
618.02, 618.21(1), committed in the city of Minneapolis January 27, 1967. It is contended that the trial court erred in refusing
to suppress evidence allegedly secured by police authorities by an unlawful search and seizure. This case is the byproduct of the execution of a search warrant issued in connection with an entirely different matter. A
group of women had been under investigation for passing stolen checks and using stolen identification cards to fraudulently
purchase merchandise in various stores. One of the women was arrested, and it was learned that her companion, who managed
to escape, resided in an apartment at 1800 LaSalle Avenue in Minneapolis. The police officers obtained a search warrant authorizing
them to search the premises and seize a woman's suede coat, a man's coat, and miscellaneous credit cards and identification
belonging to people other than Sheila Spence and Sandra Loser. In executing the warrant, the police went to the apartment
and identified themselves. They were admitted by the 19-year-old defendant, Leonard James Fox, who was the only one on the
premises. It appears that the apartment contained a large quantity of clothes and other merchandise unlawfully acquired. The
officers had the defendant raise his arms and proceeded to search him for weapons. No weapons were found, but the officer
observed a wallet protruding from defendant's rear pocket. The officer took the wallet and, after some scuffling over its
possession, kept it. Upon opening it they found a small paper packet containing marijuana. This prosecution grew out of the
alleged unlawful possession of marijuana.

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