Legal Opinion

In re the Application for an Administrative Search Warrant, City of Golden Valley v. Jason Wiebesick, Jacki Wiebesick, Jessie Treseler, Tiffani Simons

Court of Appeals of Minnesota

Decided June 13, 2016No. A15-1795PublishedCited by 1 opinion

1Opinion of the Court

OPINION

HALBROOKS, Judge.

Appellant city challenges the district court’s denial of its application for an administrative search warrant to conduct a rental-housing inspection, arguing that the district court erred in determining that individualized suspicion of a code violation is required. Because we are not left with a “clear and strong conviction” that there is a principled basis for interpreting article I, section 10, of the Minnesota Constitution to provide greater protection than the Fourth Amendment to the United States Constitution in this context, we reverse and remand.

FACTS

Appellant…

2Cases cited15 opinions

  1. Camara v. Municipal Court of City and County of San FranciscoSupreme Court of the United States · 1967
  2. Pennsylvania v. MimmsSupreme Court of the United States · 1977
  3. Frank v. MarylandSupreme Court of the United States · 1959
  4. Kahn v. GriffinSupreme Court of Minnesota · 2005
  5. Ascher v. Commissioner of Public SafetySupreme Court of Minnesota · 1994

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3Cited by1 opinion

  1. City of Golden Valley v. WiebesickSupreme Court of Minnesota · 2017

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