MN clarifies the appellate standard of review of RS and PC; here there was RS for continued detention for dog sniff

There is no deference to the trial court’s findings of probable cause and reasonable suspicion. They are ultimate questions which can be appealed. Here, the officers had reasonable suspicion to continue defendant’s detention for a dog sniff. State v. Lugo, 2016 Minn. LEXIS 753 (Nov. 30, 2016).

The state sought defendant’s medical records without a search warrant, and he moved to suppress. The state then got a search warrant and argued the motion was moot, which the trial court accepted. Not so. The state can’t undo the illegality by just issuing a search warrant after it’s already got the records. At least nothing in the record supports the trial court’s finding because the state never put the warrant in as evidence at the hearing. State v. Merriweather, 2016 Ohio App. LEXIS 4866 (1st Dist. Dec. 2, 2016)* (“this judgment entry is not an opinion of the court”).

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