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State v. Hanson

Minnesota Court of Appeals
Oct 2, 1984
355 N.W.2d 328 (Minn. Ct. App. 1984)

Summary

ruling that corroboration of details of a child victim's story had critical impact

Summary of this case from State v. Ross

Opinion

No. C5-84-1170.

October 2, 1984.

Appeal from the District Court, Crow Wing County, W. Wyant Clinton, J.

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Stephen C. Rathke, Crow Wing County Atty., Brainerd, for appellant.

C. Paul Jones, State Public Defender, Heidi H. Crissey, Asst. State Public Defender, Minneapolis, for respondent.

Considered and decided by POPOVICH, C.J., and SEDGWICK and LANSING, JJ., with oral argument waived.


OPINION


The State appeals from a pretrial order suppressing evidence seized pursuant to a search warrant. We reverse.

FACTS

Respondent is charged with criminal sexual conduct in the first degree in violation of Minn.Stat. § 609.342(a) (1983). He is accused of putting his fingers into the vagina of a nine year old girl. The child stated that the assault took place sometime after Christmas 1983 when her mother dropped the child off at respondent's apartment to have him babysit her. She stated that respondent had read a "naked book." Respondent denies the charge.

Pursuant to a warrant executed on April 25, 1984, which set the time of the incident at "one occasion in 1984," police seized six sexually explicit magazines and "assorted nude photos." The trial court dismissed the warrant as being invalid on its face for staleness.

There is no other evidence to corroborate the child's statement.

ISSUES

1. Is this search warrant to seize magazines depicting nude persons void for staleness when the affidavit sets forth a time frame of three and one-half months?

2. Has the state met its burden of proving that the trial court's suppression order will have a critical impact on the outcome of this trial?

ANALYSIS

The general principles governing evaluation of staleness of information contained in a search warrant application were first set forth in Sgro v. United States, 287 U.S. 206, 53 S.Ct. 138, 77 L.Ed. 260 (1932). Speaking for the court, Chief Justice Hughes wrote:

[P]roof must be of facts so closely related to the time of the issue of the warrant as to justify a finding of probable cause at that time. Whether the proof meets this test must be determined by the circumstances of each case.

Id. at 210-11, 53 S.Ct. at 140. In viewing the circumstances of each case magistrates must apply "practical considerations of everyday life on which reasonable and prudent men, not legal technicians, act." Brinegar v. United States, 338 U.S. 160, 175, 69 S.Ct. 1302, 1310, 93 L.Ed. 1879 (1949). The court's approach "should be one of flexibility and common sense." United States v. Beltempo, 675 F.2d 472, 478 (2nd Cir. 1982).

The standard for probable cause stated by the United States Supreme Court in Illinois v. Gates, 462 U.S. 213, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983), is accurately paraphrased in the Minnesota Judge's Criminal Benchbook, 1-4 (1983 Supp.), as follows:

The test of probable cause is met if the affidavit, interpreted in a common sense and realistic manner, sets forth competent evidence sufficient to lead a reasonably prudent person to believe that there is a basis for the search or that the articles sought are located at the place to be searched. There must be sufficient underlying facts so that the magistrate may draw his own conclusions of whether probable cause exists.

(emphasis added.) The Gates court stressed the common sense, practical question of whether there is "a fair probability" to believe contraband or evidence of a crime will be found in a particular place. 462 U.S. at ___, 103 S.Ct. at 2332 (emphasis added); see Hanson v. State, 344 N.W.2d 420 (Minn.App. 1984).

We agree with the State that it is reasonable to assume that sexually-oriented materials are not likely to be once perused and promptly disposed of. They are not illegal, unlike drugs they cannot be smoked or ingested. They are unlikely to contain dated information or current events which become stale over time. Common sense is not offended by concluding that there is a fair probability that the magazines or ones like them would be in respondent's possession for three and one-half months. The warrant is not invalid on its face and suppression of the materials was error.

2. The only evidence in this case is the testimony of a nine year old child. The materials she described may assist the jury in determining credibility. Its suppression has a critical impact on the State's case within the meaning of State v. Webber, 262 N.W.2d 157 (Minn. 1977).

DECISION

The order of the trial court suppressing materials seized pursuant to a search warrant executed April 25, 1984 is reversed.


Summaries of

State v. Hanson

Minnesota Court of Appeals
Oct 2, 1984
355 N.W.2d 328 (Minn. Ct. App. 1984)

ruling that corroboration of details of a child victim's story had critical impact

Summary of this case from State v. Ross

reversing trial court's suppression of sexually oriented magazines that child victim had described, in part because they "may assist the jury in determining [the victim's] credibility"

Summary of this case from State v. Cobb

involving suppression of sexually explicit materials found in defendant's possession when child-victim of sexual assault had stated that defendant possessed such materials at the time of assault

Summary of this case from State v. Cain

In State v. Hanson, 355 N.W.2d 328, 328-29 (Minn.App. 1984), a nine-year-old child alleged that the respondent read her a "naked book."

Summary of this case from State v. Ahearn

In Hanson, this court found the suppression of evidence of sexually explicit magazines obtained from a search, which was corroborative of a nine-year-old victim's statement that she had read a "naked book," would have a critical impact because the "materials she described may assist the jury in determining credibility."

Summary of this case from State v. Ronnebaum

In State v. Hanson, 355 N.W.2d 328 (Minn.Ct.App. 1984), the trial court excluded illegally obtained evidence (sexually explicit magazines) which corroborated the testimony of the defendant, a nine-year old sexual assault victim.

Summary of this case from State v. Anderson
Case details for

State v. Hanson

Case Details

Full title:STATE of Minnesota, Appellant, v. Richard Alan HANSON, Respondent

Court:Minnesota Court of Appeals

Date published: Oct 2, 1984

Citations

355 N.W.2d 328 (Minn. Ct. App. 1984)

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