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eBook details

• Title: State V. Licari
• Author : Minnesota Supreme Court
• Release Date : January 17, 2003
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

Appellant Craig Robert Licari (appellant) was charged with one count of second-degree intentional murder in connection with the death of his wife, Nancy Licari. Police discovered much of the evidence upon which appellant was convicted during a warrantless search of a storage unit rented by appellant. Appellant challenged the constitutionality of the search of the storage unit. The district court denied his motion to suppress, finding that the manager of the storage unit had actual authority to consent to the search. After a court trial on stipulated evidence, the district court found appellant guilty and sentenced him to 330 months in prison. The court of appeals affirmed on other grounds, holding that the manager did not have actual authority to consent to the search but that the investigating officer reasonably relied upon the apparent authority of the manager to consent to the search. See State v. Licari, No. C2-01-290, 2002 WL 4574, at *4-5 (Minn. App. Jan. 2, 2002). We affirm in part, reverse in part and remand to the district court for further proceedings.

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