State v. Miller

OPINION

By the Court,

Steffen, J.:

This appeal challenges a suppression order issued by the district court on grounds that a police search was nonconsensual and effectuated through a minor babysitter who had been made a police agent through the process of suggestion, and that the warrantless search was unauthorized. We conclude that the district court erred in its ruling and therefore reverse and remand.

FACTS

In September 1989, twelve-year-old Jennifer was employed by respondents Barry David Miller and Vicky Lynn Miller to periodically babysit the Millers’ two children, a three-year-old daughter…