Miller v. State

329 N.W.2d 54, 1983 Minn. LEXIS 1199
CourtSupreme Court of Minnesota
DecidedJanuary 21, 1983
DocketC-81-209, CX-82-818
StatusPublished
Cited by1 cases

This text of 329 N.W.2d 54 (Miller v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Miller v. State, 329 N.W.2d 54, 1983 Minn. LEXIS 1199 (Mich. 1983).

Opinion

KELLEY, Justice.

In State v. Miller, 316 N.W.2d 23 (Minn.1982), we were asked by defendant to decide several important issues concerning the scope and application of Payton v. New York, 445 U.S. 573, 100 S.Ct. 1371, 63 L.Ed.2d 639 (1980), which held that, absent exigent circumstances or consent, police without an arrest warrant may not cross the threshold and enter a suspect’s residence to arrest him. We avoided the issues because it appeared that defendant’s confession, which defendant argued was the fruit of a Payton violation, was in fact not the fruit of the illegality, if there was any, in the manner of arresting defendant but was the fruit of an earlier clearly-valid, warranted search. We therefore remanded the case for a post-conviction hearing to determine this issue. That hearing was held and the district court issued findings favorable to the state. We affirm those findings and affirm the district court’s conclusion that the confession was not obtained by exploitation of any illegality in the manner in which defendant was arrested. See, e.g., Taylor v. Alabama, - U.S. -, 102 S.Ct. 2664, 73 L.Ed.2d 314 (1982); Rawlings v. Kentucky, 448 U.S. 98, 100 S.Ct. 2556, 65 L.Ed.2d 633 (1980); Dunaway v. New York, 442 U.S. 200, 99 S.Ct. 2248, 60 L.Ed.2d 824 (1980); Brown v. Illinois, 422 U.S. 590, 95 S.Ct. 2254, 45 L.Ed.2d 416 (1975).

Affirmed.

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Related

State v. Howard
373 N.W.2d 596 (Supreme Court of Minnesota, 1985)

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Bluebook (online)
329 N.W.2d 54, 1983 Minn. LEXIS 1199, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-state-minn-1983.