Legal Opinion

State v. Garcia-Gutierrez

Court of Appeals of Minnesota

Decided May 20, 2013No. A12-2012PublishedCited by 2 opinions

1Opinion of the Court

OPINION

CHUTICH, Judge.

In this pretrial appeal, the state argues that the district court erred by dismissing charges of first-degree burglary — possession of a dangerous weapon for lack of probable cause. Because the district court properly concluded that possession must be knowing and that the evidence does not *921establish probable cause under that standard, we affirm.

FACTS

The night of June 8, 2012, C.S. reported a burglary at his Shakopee home to the Shakopee Police Department. C.S. and his girlfriend had returned home around 9:00 p.m. and noticed a broken glass door. C.S. reported several…

2Cases cited19 opinions

  1. Staples v. United StatesSupreme Court of the United States · 1994
  2. Berni v. LeonardSupreme Court of the United States · 1973
  3. United States v. Ramon FaluCourt of Appeals for the Second Circuit · 1985
  4. State v. FlorineSupreme Court of Minnesota · 1975
  5. United States v. Peter S. Dimas and Ramon RomanCourt of Appeals for the Seventh Circuit · 1993

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3Cited by2 opinions

  1. State v. Garcia-GutierrezSupreme Court of Minnesota · 2014
  2. State v. SalyersCourt of Appeals of Minnesota · 2014

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