STATE
OF MINNESOTA
IN COURT OF APPEALS
C2-00-2238
State of Minnesota,
Appellant,
vs.
Janet
Kay Anhalt,
Respondent.
Filed
June 19, 2001
Reversed and remanded
Poritsky, Judge*
Dakota
County District Court
File No. K3001172
Mike
Hatch, Attorney General, 525 Park Street, Suite 500, St. Paul, MN
55103; and
James
C. Backstrom, Dakota County Attorney, Scott A. Hersey, Assistant County
Attorney, Dakota County Judicial Center, 1560 West Highway 55, Hastings, MN
55033 (for appellant)
Lawrence
Nichols, 1971 Seneca Road, Suite A, Eagan, MN
55122 (for respondent)
Considered and decided by Stoneburner, Presiding Judge, Schumacher,
Judge, and Poritsky, Judge.
S
Y L L A B U S
Where a
no-knock provision in a search warrant is void because it is not supported by a
sufficient showing, but the police knock and announce before executing the
warrant, the district court should not suppress the evidence seized in the
search if there is otherwise probable cause to justify the search.
O P I N I O N
PORITSKY,
Judge
The district court determined that a no-knock search warrant executed at respondent Janet K. Anhalt