FACTS On September 17, 2003, while investigating a car crash, a Nobles County sheriff and a state trooper went to appellant Scott Amundson's house in search of an injured motorist they believed to have been dropped off there. The police announced their presence and knocked on the door. No one answered, and the door was locked, apparently from the inside. Because they believed that the injured motorist might be inside the house but unable to answer the door, the police forced the door open and entered the house. Police observed several firearms and open boxes of ammunition. They did not find the injured motorist and left the house. While the police were outside, Amundson exited the house and met the officers in the yard. He told the police that the injured motorist was not there, but the police still handcuffed Amundson and went back inside the house. Amundson did not resist the police or act in a threatening manner. The police later found the injured motorist at a house on nearby acreage. One week later, on September 24, 2003, Amundson's estranged wife, M.A., reported to the police that a rock had been thrown though her kitchen window. M.A. told police that she and Amundson had been separated for about one year, that during that year Amundson had harassed her on multiple occasions, that she thought that Amundson had thrown the rock, and that two days before the rock incident, Amundson had left several threatening messages on her voicemail. The next day, M.A. filed a petition for an order for protection against Amundson. A Nobles County deputy attempted to serve Amundson with the order that evening. Amundson was not home, but the deputy located him at a house nearby and served him with the order for protection. Again, at no time did Amundson present danger to the deputy. On September 27, 2003, a Nobles County sheriff stopped a vehicle and learned from the driver and passenger that Amundson believed that he was in trouble with the law. The driver said that they were going to Amundson's house to pick up Amundson's dog. Later that day, a Nobles County deputy applied for a warrant to search Amundson's house and arrest Amundson on charges of terroristic threats and felony pattern of harassment. The application stated that police were looking for firearms, destructive devices, and weapons; cell phones, cell phone records, and house phone records; and documents showing that Amundson owned the house. The application requested a no-knock and a nighttime warrant for officer safety. The district court issued the requested warrant, and police executed the warrant at 1:30 a.m. without announcing their presence. While executing the warrant, officers found evidence of a methamphetamine lab. Amundson was charged with first-degree controlled substance crime, in violation of Minn. Stat. § 152.021, subd. 2a (2002); conspiracy, in violation of Minn. Stat. § 152.096, subd. 1 (2002); fifth-degree *564 controlled substance crime, in violation of Minn. Stat. § 152.025, subd. 2(1) (2002); and possession of a small amount of marijuana, in violation of Minn. Stat. § 152.027, subd. 4(a) (2002). After the district court denied his motion to suppress the evidence seized in the search, Amundson agreed to waive his right to a jury trial and submit the case on stipulated facts pursuant to State v. Lothenbach, 296 N.W.2d 854 (Minn.1980). In consideration for his waiver, the state dismissed the conspiracy and possession-of-a-small-amount-of-marijuana charges. The district court found Amundson guilty of first- and fifth-degree controlled substance crime. The presumptive sentence for both of these convictions is 13 months stayed. Because the district court found that Amundson was in possession of firearms when he committed the offenses, the district court applied the firearm-enhancement statute and imposed the mandatory minimum 36-month sentence. Amundson's appeal from his convictions and his sentence follows.

+ 1 more citation in this opinion.

State v. McGrath · 2005 1 citation

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State v. Skapyak · 2005 1 citation

+ 1 more citation in this opinion.

State v. Pedersen · 2004 1 citation

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State v. LaRose · 2004 3 citations

+ 3 more citations in this opinion.

Strange v. 1997 Jeep Cherokee, New Mexico Lic. 630-KLD, VIN 1J4FJ2881VL502086 · 1999 1 citation

+ 1 more citation in this opinion.

State v. Ascheman · 1999 2 citations

+ 2 more citations in this opinion.

State v. Hanson · 1993 1 citation

On May 2, 1992, appellant Steven M. Hanson was arrested and charged with three counts of driving while under the influence of alcohol in violation of Minn. Stat. § 169.121, subd. 1(a) (DWI), (d) (alcohol concentration of .10 or more), and (e) (.10 or more within two hours of driving) (1992). Appellant was also charged with one count of possession of marijuana in violation of Minn. Stat. § 152.027, subd. 3 (1993). A Rasmussen hearing was held on November 17, 1992, and appellant moved for suppression of the evidence, arguing the initial stop of appellant was unlawful. The trial court determined the stop was lawful and the evidence would not be suppressed. The case was submitted to the court on count II of the complaint, alcohol concentration of .10 or more, on stipulated facts, and appellant was convicted. See State v. Lothenbach, 296 N.W.2d 854, 856-57 (Minn.1980). On appeal, Hanson challenges the constitutionality of the initial stop and the admission of any evidence subsequently obtained. We reverse.

State v. Darnall · 1993 2 citations

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State v. Hanson · 1992 1 citation

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State, City of St. Paul v. Lynch · 1991 2 citations

+ 2 more citations in this opinion.