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State v. Yarbrough

Supreme Court of Minnesota

January 8, 2014

State of Minnesota, Respondent,
v.
LaDream Hampton Yarbrough, Appellant.

Order March 6, 2014

Court of Appeals Office of Appellate Courts

Lori Swanson, Attorney General, Saint Paul, Minnesota; and John J. Choi, Ramsey County Attorney, Thomas R. Ragatz, Assistant County Attorney, Saint Paul, Minnesota, for respondent.

Mark D. Nyvold, Special Assistant State Public Defender, Fridley, Minnesota, for appellant.

Cort C. Holten, Jeffrey D. Bores, Chestnut Cambronne PA, Minneapolis, Minnesota, for amicus curiae Minnesota Police and Peace Officers Association Legal Defense Fund.

ORDER

On the petition of appellant LaDream Hampton Yarbrough for rehearing, and based upon all the files, records, and proceedings herein, IT IS HEREBY ORDERED THAT:

1. The last sentence in the first paragraph of section I is modified to read as follows: "A woman drove the car."

2. The first sentence in the second paragraph of section I is modified to read as follows: "Using databases, Saint Paul police officers discovered that Yarbrough and his female roommate lived in an apartment on West 7th Street."

3. The third sentence in the second paragraph of section II.B is modified to read as follows: "The inference is that the vehicle's driver was Yarbrough's roommate."

4. The attached slip opinion, amended as stated above, shall be substituted for the opinion .

5. Appellant's petition for rehearing is denied. Dated:

SYLLABUS

Because the information in the search warrant affidavit established a sufficient nexus between appellant's criminal activity and the residence to be searched, the judge issuing the warrant had a substantial basis to find probable cause ...


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