MN: A white cloth sought in a SW for evidence of sexual assault permitted seizure of a blue and white one

Defendant was accused of sexual assault, and a “white dish towel-like cloth” was likely a source of DNA evidence. A search warrant was obtained. Executing the warrant, officers saw a blue and white dish-towel-like cloth. The trial court suppressed it. Reversed, “A law-enforcement officer may seize an item pursuant to a search warrant if the item is described in the search warrant, if there is a strong relationship between the seized item and the things described in the search warrant, or if the seized item clearly and definitely relates to the suspected criminal conduct that gave rise to the issuance of the search warrant.” Under plain view, its evidentiary value was immediately apparent, and it was important to the state’s case. It was properly seized. State v. Sexter, 2019 Minn. App. LEXIS 334 (Oct. 14, 2019).