Appeals Court reinstates Meeker County case
LITCHFIELD -- Meeker County law enforcement officers did not violate a woman's Fourth Amendment rights when they entered another person's residence to arrest her with a valid warrant, the Minnesota Court of Appeals ruled.In a decision released Mo...
LITCHFIELD - Meeker County law enforcement officers did not violate a woman’s Fourth Amendment rights when they entered another person’s residence to arrest her with a valid warrant, the Minnesota Court of Appeals ruled.
In a decision released Monday, the Court of Appeals reinstated a Meeker County case against Leona Rose de Lottinville, 27, who had been charged with felony charges of drug possession.
Agents with the drug task force went to her boyfriend’s residence March 24, 2015, to execute a warrant for her arrest.
An officer saw de Lottinville inside the residence through a patio door. He entered through that unlocked door and arrested her.
The Meeker County Sheriff’s Office later obtained a search warrant for the residence and discovered marijuana, methamphetamine, hydrocodone pills, and drug paraphernalia.
The District Court dismissed the case on grounds it violated Fourth Amendment protections against unreasonable searches and seizures. The District Court found that the evidence seized was the “result of the poisonous tree and shall be suppressed.’’
In its decision remanding the case, the Court of Appeals ruled that when there is probable cause to believe that the subject of the warrant is present, “police may enter the residence to arrest the subject of the warrant without violating the Fourth Amendment rights of the arrestee.’’
The court noted that in this matter it was not considering whether the entry violated the Fourth Amendment rights of others in the residence.