Legal Opinion

State v. Kouba

Court of Appeals of Minnesota

Decided February 7, 2006No. A04-2489PublishedCited by 2 opinions

1Opinion of the Court

OPINION

KLAPHAKE, Judge.

Appellant argues that his constitutional right to consult with an attorney was violated because he was not advised of his right to counsel in a probation revocation hearing held under Minn.Stat. § 609.14, subd. 2 (2002). After the district court improperly extended appellant’s probation, his probation officer conducted a warrant-less search of his residence under the terms of his probation and seized evidence that led to his conviction for a new offense. Because appellant was not validly on probation at the time of the search, any evidence seized at that time or during…

2Cases cited28 opinions

  1. Wong Sun v. United StatesSupreme Court of the United States · 1963
  2. Schneckloth v. BustamonteSupreme Court of the United States · 1973
  3. United States v. WadeSupreme Court of the United States · 1967
  4. Gideon v. WainwrightSupreme Court of the United States · 1963
  5. Mempa v. RhaySupreme Court of the United States · 1967

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3Cited by2 opinions

  1. State v. OrtegaCourt of Appeals of Minnesota · 2008
  2. State v. AndersonCourt of Appeals of Minnesota · 2006

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