Dakota County District Court. File No. K3-01-3885.
Considered and decided by Anderson, Presiding Judge; Peterson, Judge; and Parker, Judge.*fn1
The district court appropriately determined that reasonable suspicion existed to justify an unannounced entry when executing a warrant.
Executing a warrant one minute and seven seconds early is a de minimis violation that does not justify suppression of evidence as a remedy for a statutory violation.
The opinion of the court was delivered by: G. Barry Anderson, Judge
On December 20, 2001, Dakota County Task Force Agent Dawn Johnson applied for a warrant to search an apartment in Burnsville for controlled substances. The police executed the search warrant on December 27, 2001 and arrested appellant, Darnell Raymond Goodwin, at the scene. The state charged Goodwin with multiple violations of controlled-substance laws. At an omnibus hearing on March 1, 2002, appellant maintained that (1) the unannounced-entry provision in the search warrant was invalid, and (2) the exclusionary rule applies to the evidence seized because, while the warrant was to be executed no earlier than 7:00 a.m., the entry of the police occurred one minute and seven seconds before 7:00 a.m. The district court concluded that the unannounced entry was justified by the information contained in the supporting affidavit for the warrant and that application of the exclusionary rule was not appropriate under the circumstances of this case. This appeal follows.
The warrant was issued based on Johnson's supporting affidavit, which outlined information from two confidential informants that a male was selling narcotics from the residence. Additionally, the informants provided information to Johnson that the individual selling narcotics was known as "Ray," that he drove a white Pontiac Grand Prix, and that he was living at his girlfriend's apartment - the property identified in the warrant.
Johnson specifically requested permission for an unannounced entry into the apartment based on information that in 2001 a male brandished a handgun while leaning out a window of the apartment, as well as information from both informants that the drug dealer in the apartment was a member of a gang and carried a gun. The district court granted Johnson's application for an unannounced entry and specified the apartment could only be searched between 7:00 a.m. and 8:00 p.m.
The police executed the search warrant at the apartment on December 27, 2001. At 6:51:00 a.m. police reported they would use flash-bang*fn2 procedures when entering the apartment. At 6:55:03 a.m. police reported someone began moving around and turning lights on inside the apartment. At 6:56:47 a.m. police reported traffic at the apartment. The police then entered the apartment, using a flash-bang, and Sergeant D. Athmann recorded the time of entry into the apartment as 7:01:38 a.m. But it is undisputed by the parties that the fire alarms at the apartment were set off by the flash-bang at 6:58:53 a.m.
Did the district court err in determining that reasonable suspicion existed to justify an ...