State v. Sutterfield

OPINION

SEDGWICK, Judge.

This is an appeal from an order denying the return of illegally seized firearms. We reverse.

FACTS

Police officers conducted a warrantless search of defendant’s house and seized 35 firearms, 26 of which are the subject of this appeal and are being retained by Washington County Sheriff’s Office. Based on this seizure, defendant, a convicted felon, was arrested and charged with one count of unlawful possession of a pistol by a felon in violation of Minn.Stat. 624.-713, subd. 1(d) (1982).

The trial court found that the search of defendant’s home was unlawful because the…