Minn. Stat. § 97A.205

State v. Sorenson · 1989 8 citations

441 N.W.2d 455 (1989) STATE of Minnesota, Respondent, v. Cal S. SORENSON, Petitioner, Appellant. No. C9-88-225. Supreme Court of Minnesota. June 2, 1989. *456 Bruce Nielsen, Lancaster, for appellant. Dennis M. Sobolik, Kittson County Atty., Brink, Sobolik, Severson, Vroom & Malm, P.A., Hallock, and Robert Stanich, Sp. Asst. Atty. Gen., St. Paul, for respondent. Heard, considered and decided by the court en banc. YETKA, Justice. Appellant, Cal S. Sorenson, appeals his conviction by the Kittson County District Court for transporting a loaded, uncased firearm in a motor vehicle in violation of Minn. Stat. § 97B.045(1) (1988). The court of appeals affirmed the conviction. We also affirm. On November 9, 1987, during deer hunting season, State Conservation Officer Brian Buria drove to appellant's hunting camp located in Caribou Township in Kittson County. Even though he had never seen hunters on appellant's land before, he assumed that it was a hunting camp because of a recent increase in traffic in the area and because it did not appear to be a "year around type home." A gate blocked the road leading to appellant's camp and "No Trespassing" signs were posted at the entrance. Officer Buria opened the gate and drove into the yard of the camp where he saw a deer hanging from a meat pole and several vehicles parked nearby. He verified that the deer was legally tagged and also observed that a deer stand overlooking a nearby field appeared to be higher than the legal limit of 9 feet. He drove about 200 yards into the field, away from the camp, left his truck and was walking when he heard appellant's vehicle approach. Officer Buria motioned for appellant to stop, informed him that he was a state conservation officer and asked to check his license. At that time, Officer Buria saw a loaded, uncased firearm on the front seat of appellant's pick-up and later issued him a citation for violating Minn. Stat. § 97B.045(1) (1988). The issues raised on appeal are: I. Did Officer Buria's warrantless entry onto appellant's land violate appellant's rights under either the United States or Minnesota Constitution? II. Did Officer Buria have sufficient articulable suspicion to stop appellant's vehicle? III. Does Minn. Stat. § 97A.205(2) permit state conservation officers to make warrantless entries onto private land without probable cause?

441 N.W.2d 455 (1989) STATE of Minnesota, Respondent, v. Cal S. SORENSON, Petitioner, Appellant. No. C9-88-225. Supreme Court of Minnesota. June 2, 1989. *456 Bruce Nielsen, Lancaster, for appellant. Dennis M. Sobolik, Kittson County Atty., Brink, Sobolik, Severson, Vroom & Malm, P.A., Hallock, and Robert Stanich, Sp. Asst. Atty. Gen., St. Paul, for respondent. Heard, considered and decided by the court en banc. YETKA, Justice. Appellant, Cal S. Sorenson, appeals his conviction by the Kittson County District Court for transporting a loaded, uncased firearm in a motor vehicle in violation of Minn. Stat. § 97B.045(1) (1988). The court of appeals affirmed the conviction. We also affirm. On November 9, 1987, during deer hunting season, State Conservation Officer Brian Buria drove to appellant's hunting camp located in Caribou Township in Kittson County. Even though he had never seen hunters on appellant's land before, he assumed that it was a hunting camp because of a recent increase in traffic in the area and because it did not appear to be a "year around type home." A gate blocked the road leading to appellant's camp and "No Trespassing" signs were posted at the entrance. Officer Buria opened the gate and drove into the yard of the camp where he saw a deer hanging from a meat pole and several vehicles parked nearby. He verified that the deer was legally tagged and also observed that a deer stand overlooking a nearby field appeared to be higher than the legal limit of 9 feet. He drove about 200 yards into the field, away from the camp, left his truck and was walking when he heard appellant's vehicle approach. Officer Buria motioned for appellant to stop, informed him that he was a state conservation officer and asked to check his license. At that time, Officer Buria saw a loaded, uncased firearm on the front seat of appellant's pick-up and later issued him a citation for violating Minn. Stat. § 97B.045(1) (1988). The issues raised on appeal are: I. Did Officer Buria's warrantless entry onto appellant's land violate appellant's rights under either the United States or Minnesota Constitution? II. Did Officer Buria have sufficient articulable suspicion to stop appellant's vehicle? III. Does Minn. Stat. § 97A.205(2) permit state conservation officers to make warrantless entries onto private land without probable cause?

441 N.W.2d 455 (1989) STATE of Minnesota, Respondent, v. Cal S. SORENSON, Petitioner, Appellant. No. C9-88-225. Supreme Court of Minnesota. June 2, 1989. *456 Bruce Nielsen, Lancaster, for appellant. Dennis M. Sobolik, Kittson County Atty., Brink, Sobolik, Severson, Vroom & Malm, P.A., Hallock, and Robert Stanich, Sp. Asst. Atty. Gen., St. Paul, for respondent. Heard, considered and decided by the court en banc. YETKA, Justice. Appellant, Cal S. Sorenson, appeals his conviction by the Kittson County District Court for transporting a loaded, uncased firearm in a motor vehicle in violation of Minn. Stat. § 97B.045(1) (1988). The court of appeals affirmed the conviction. We also affirm. On November 9, 1987, during deer hunting season, State Conservation Officer Brian Buria drove to appellant's hunting camp located in Caribou Township in Kittson County. Even though he had never seen hunters on appellant's land before, he assumed that it was a hunting camp because of a recent increase in traffic in the area and because it did not appear to be a "year around type home." A gate blocked the road leading to appellant's camp and "No Trespassing" signs were posted at the entrance. Officer Buria opened the gate and drove into the yard of the camp where he saw a deer hanging from a meat pole and several vehicles parked nearby. He verified that the deer was legally tagged and also observed that a deer stand overlooking a nearby field appeared to be higher than the legal limit of 9 feet. He drove about 200 yards into the field, away from the camp, left his truck and was walking when he heard appellant's vehicle approach. Officer Buria motioned for appellant to stop, informed him that he was a state conservation officer and asked to check his license. At that time, Officer Buria saw a loaded, uncased firearm on the front seat of appellant's pick-up and later issued him a citation for violating Minn. Stat. § 97B.045(1) (1988). The issues raised on appeal are: I. Did Officer Buria's warrantless entry onto appellant's land violate appellant's rights under either the United States or Minnesota Constitution? II. Did Officer Buria have sufficient articulable suspicion to stop appellant's vehicle? III. Does Minn. Stat. § 97A.205(2) permit state conservation officers to make warrantless entries onto private land without probable cause?

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State v. Sorenson · 1988 8 citations

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