State v. Roy

This is a pretrial appeal by the state from an order of the district court suppressing evidence in a prosecution of defendant for first degree murder. The issue presented for determination is the legality of the war-rantless seizure of defendant’s automobile in Alexandria and its towing by police to Minneapolis, where it was searched pursuant to a warrant. We conclude that the warrantless seizure and removal of the automobile did not violate the Fourth Amendment and that the evidence discovered in the subsequent warranted search should be admitted at defendant’s trial. Accordingly, we reverse…