30/ “YOU CAN SEARCH POLITICAL ENEMIES’ HOMES WITHOUT PROBABLE CAUSE”: Chief Justice Gildea did not join a decision by the four Justices appointed by Governor Mark Dayton who held that no probable cause is required to approve an administrative search warrant for a rental property if the district court is free to set “reasonable restrictions on the inspection, including timing, scope, and participants, to protect the tenants’ privacy interests.”
Chief Justice Gildea disagreed, noting that the U.S. Supreme Court had only held that administrative search warrants could be issued in cases where the judge found that probable cause existed to issue a “suitably restricted search warrant.” I would leave the implementation of Camara’s charge to the discretion of our very able district court judges to handle on a case-by-case basis.”
The other two Justices appointed by Governor Tim Pawlenty, Justices Barry Anderson and David Stras, went even further. They held that the requests for warrants without probable cause violated the Minnesota Constitution directly. “Because I conclude that the search that Golden Valley seeks to perform would violate Article I, Section 10, I respectfully dissent.”
READ THE FULL CASE DECISION:
July 19, 2017 2017-079
https://mn.gov/law-library-stat/archive/supct/2017/OPA151795-071917.pdf
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