State v. Eggler

I respectfully dissent from the majority opinion and would affirm the trial court’s suppression of all seized evidence other than the marijuana plant taken from the kitchen.

When respondent moved to suppress the contested evidence and dismiss the felony charge, the trial court requested both parties to submit written arguments. Respondent did so, but the State failed to respond. Only after the trial court issued its suppression order and bound the respondent over for trial on the felony did the State respond by filing this appeal. Under State v. Soward, 262 Minn. 265, 266, 114 N.W.2d 276, 278…