STATE OF MINNESOTA
IN SUPREME COURT
CX-95-1368
C9-95-1765
| Remand United States Supreme Court | Anderson, Russell A., J. Dissenting, Page, J. Concurring specially, Anderson, Paul H., J. |
|
State of Minnesota,
vs. Wayne Thomas Carter,
Melvin Johns,
|
Filed: July 15, 1999 Office of Appellate Courts |
S Y L L A B U S
On the facts of these cases, appellants' rights to challenge any search under Article I, Section 10 of the Minnesota Constitution are coextensive with appellants' rights under the Fourth Amendment to the United States Constitution.
On remand from Minnesota v. Carter, ___ U.S. ___, 119 S. Ct. 469 (1998), the judgments of this court in State v. Carter, 569 N.W.2d 169 (Minn. 1997), and in State v. Johns, 569 N.W.2d 180 (Minn. 1997), are vacated. The judgment of the court of appeals in State v. Carter, 545 N.W.2d 695 (Minn. App. 1996), is affirmed. The judgment of the court of appeals in State v. Johns, No. C9-95-1765, 1996 WL 310305 (Minn. App. June 11, 1996) is affirmed on different grounds.
Considered and decided by the court en banc without oral argument.
O P I N I O N
ANDERSON, Russell A., Justice.
These cases return to us on remand from the United States Supreme Court. On September 11, 1997, we ruled that the police violated the constitutional rights of appellants, Wayne Thomas Carter and Melvin Johns, when an Eagan police officer stood 12 to 18 inches from a window of an apartment and looked through a gap in the blinds, spotting the appellants packaging cocaine in the kitchen with a woman who was later identified as Kimberly Thompson, the sole lessee of the apartment. We reversed the district court and the court of appeals, holding (1) that the search of the apartment was illegal and (2) that appellants had