State v. Johnson

Defendant, charged with felonious theft and burglary, attempted at the Rasmussen hearing to have the physical evidence against him suppressed on the ground that it was the fruit of a violation of his Fourth Amendment rights. The district court denied the motion and defendant, apparently believing that his only hope was in challenging the suppression order on appeal from final judgment, waived a jury and agreed to submit the issue of his guilt to the court on a stipulation as to what the state’s witnesses would testify to if called. Defendant’s convictions and this appeal followed. We reverse…