{"id":40221,"date":"2019-10-15T06:16:58","date_gmt":"2019-10-15T11:16:58","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=40221"},"modified":"2019-10-15T08:19:25","modified_gmt":"2019-10-15T13:19:25","slug":"mn-a-white-cloth-sought-in-a-sw-for-evidence-of-sexual-assault-permitted-seizure-of-a-blue-and-white-one","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=40221","title":{"rendered":"MN: A white cloth sought in a SW for evidence of sexual assault permitted seizure of a blue and white one"},"content":{"rendered":"<p>Defendant was accused of sexual assault, and a \u201cwhite dish towel-like cloth\u201d 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, \u201cA 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.\u201d Under plain view, its evidentiary value was immediately apparent, and it was important to the state\u2019s case. It was properly seized. <a href=\"https:\/\/mn.gov\/law-library-stat\/archive\/ctappub\/2019\/OPa190586-101419.pdf\">State v. Sexter<\/a>, 2019 Minn. App. LEXIS 334 (Oct. 14, 2019).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant was accused of sexual assault, and a \u201cwhite dish towel-like cloth\u201d 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. &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=40221\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[59],"tags":[],"class_list":["post-40221","post","type-post","status-publish","format-standard","hentry","category-scope-of-search"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/40221","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=40221"}],"version-history":[{"count":4,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/40221\/revisions"}],"predecessor-version":[{"id":40228,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/40221\/revisions\/40228"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=40221"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=40221"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=40221"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}