State v. Suess

Murphy, Justice.

This is an appeal from a judgment of conviction for the offense of burglary, Minn. St. 609.58, subd. 2(3). It is contended that the court erred in denying defendant’s motion to suppress evidence seized under a search warrant issued without probable cause.

The record would indicate that the arrest and prosecution of defendant and his confederate arose from the acts and interest of two private citizens who chose to become involved in protecting the public. It appears that one Clifford C. Carlson maintained a residence adjacent to his grocery store and tavern. At 3 a. m. on…