State v. Diede. MN criminal law, search and seizure.
Erika Diede was convicted in Otter Tail County, Minnesota, of possession of methamphetamine. But she got her conviction thrown out by the Minnesota Supreme Court.
The supreme court held that the evidence in the case (methamphetamine discovered in cigarette package) should have been suppressed. The stop was not a permissible Terry stop. Nor was the search of cigarette package reasonable to investigate mismatched license plates on vehicle, the offense for which she had been stopped. Under the fact of the case, defendant did not consent to search. Nor would the evidence have inevitably been discovered.
No. A09-1120, 795 N.W.2d 836 (Minn. Mar. 30, 2011).
Please see the original opinion for the court's exact language.
Richard P. Clem is an attorney and continuing legal education (CLE) provider in Minnesota. He has been in private practice in the Twin Cities for 25 years. He has a J.D., cum laude, from Hamline University School of Law in St. Paul and a B.A. in History from the University of Minnesota. His reported cases include: Asociacion Nacional de Pescadores a Pequena Escala o Artesanales de Colombia v. Dow Quimica de Colombia, 988 F.2d 559, rehearing denied, 5 F.3d 530 (5th Cir. 1993), cert. denied, 510 U.S. 1041 (1994); LaMott v. Apple Valley Health Care Center, 465 N.W.2d 585 (Minn. Ct. App. 1991); Abo el Ela v. State, 468 N.W.2d 580 (Minn. Ct. App. 1991).
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