Minnesota Supreme Court, 1984

State v. Dreyer

Minnesota Supreme Court · Decided March 16, 1984 · Kelley

345 N.W.2d 249; 1984 Minn. LEXIS 1274 (North Western Reporter, Second Series)

Counsel

Douglas W. Thomson, St. Paul, for appellant., Hubert H. Humphrey, III, Atty. Gen., St. Paul, David Twa, Asst. County Atty., Man-kato, for respondent.

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Last cited by a Minnesota appellate court in 2024, among the opinions in this site’s citation index.

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Cases that cite this one

9 later published cases cite this decision.

State v. Goebel (Minn. Ct. App. 2002)
State v. Hill (Minn. Ct. App. 2018)
State of Minnesota v. David Ford McMurray (Minn. 2015)
State v. McGrath (Minn. Ct. App. 2005)
State of Minnesota v. Jennifer Marie Hansen (Minn. Ct. App. 2024)
State of Minnesota v. Charles Edward Erdmann (Minn. Ct. App. 2015)
State of Minnesota v. Tavaires Higgins (Minn. Ct. App. 2015)
State of Minnesota v. William Joseph Rurup (Minn. Ct. App. 2015)
State v. Krech (Minn. 1987)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

KELLEY, Justice.

Defendant was found guilty in district court of possession of marijuana and possession of marijuana with intent to sell and was sentenced to pay a fine and to serve a prison sentence. Execution of the sentence was stayed, and defendant was placed on probation with conditions. We affirm.

Defendant raises a number of fourth amendment issues on appeal, some of them contingent on our deciding the issue of the validity of a so-called garbage search in defendant’s favor. The garbage search was conducted without a warrant on February 25, 1982, and involved the search of garbage which had been placed on the curb for routine collection. Search of the garbage resulted in the discovery of marijuana residue, which in turn led to the issuance of a warrant to search the “premises” described as “110 South Western Avenue, a two-story white wood frame house with green trim.” The issue of the validity of the garbage search is controlled by State v. Oquist, 327 N.W.2d 587 (Minn. 1982), where we held on similar facts that the police there did not violate the defendant’s fourth amendment rights.

Defendant’s remaining contention is that the police exceeded the scope of the subsequently-issued warrant in searching the garage attached to defendant’s house, the garage being where the police found the marijuana. We hold that the garage was part of the “premises” described in the warrant. This holding is consistent with cases from other jurisdictions. The cases are collected at 2 W. LaFave, Search and Seizure § 4.10(a) (1978).

Affirmed.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.