State v. Douglas

The opinion of the court was delivered by Beier, J.:

This case concerns reversal of a district judge's decision to suppress evidence and appropriate instructions for her further action on remand.

We affirm the Court of Appeals majority's twin decisions to reverse the district judge's ruling and remand the case, but we would alter its instructions to match those suggested in the dissent of Judge Thomas E. Malone. The district judge should not be directed to deny the defendant's motion but to reconsider it in light of a corrected understanding of the evidence before her.

FACTUAL AND PROCEDURAL…