State v. Fitzgerald, 562 N.W.2d 288 (Minn. 1997). · Go Syfert
State v. Fitzgerald, 562 N.W.2d 288 (Minn. 1997). Cases Citing This Book View Copy Cite
6 citation events (6 in the last 25 years) across 2 distinct courts.
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (rule) State v. Lemieux (2×)
Minn. · 2007 · confidence medium
This, along with Officer Haataja's attempts to immediately track down Lemieux after finding evidence related to the homicide in Tawnya Rainey's house, supports the possibility that the entire visit to Tawnya Rainey's house was motivated by an interest in investigating Wintersun Lemieux specifically rather than in investigating the homicide more generally. [8] Moreover, we have held emergency-aid searches to be improper even when an emergency actually appeared to exist but was being attended to by medical professionals, Othoudt, 482 N.W.2d at 223 , and when police were summoned by an informant'…
discussed Cited "see" State of Minnesota v. Stephen Charles Iepson
Minn. Ct. App. · 2015 · signal: see · confidence high
Lemieux, 726 N.W.2d at 788 ; see State v. Fitzgerald, 562 N.W.2d 288, 288 (Minn. 1997) (determining exception did not apply when police had vague understanding that potential victim “may need help”).
discussed Cited "see" State v. Askerooth (2×)
Minn. · 2004 · signal: see · confidence high
See State v. Fitzgerald, 562 N.W.2d 288, 288 (Minn.1997) (state bears the burden of establishing the existence of an emergency justifying a warrantless entry under the emergency exception to the warrant requirement); State v. Mastrian, 285 Minn. 51, 56 , 171 N.W.2d 695, 699 (1969) (upon challenge to a warrantless arrest, state has the burden of proving that the arrest did not violate the Fourth Amendment).
discussed Cited "see" State v. Ture
Minn. · 2001 · signal: see · confidence high
See State v. Fitzgerald, 562 N.W.2d 288, 288 (Minn.1997) (state bears the burden of establishing the existence of an emergency justifying a warrantless entry under the emergency exception to the warrant requirement); State v. Mastrian, 285 Minn. 51, 56 , 171 N.W.2d 695, 699 (1969) (upon challenge to a warrantless arrest, state has the burden of proving that the arrest did not violate the Fourth Amendment).
Retrieving the full opinion text from the archive…
STATE of Minnesota, Respondent,
v.
Nancy Irene FITZGERALD, Appellant
C8-96-424.
Supreme Court of Minnesota.
Apr 17, 1997.
562 N.W.2d 288
Jay M. Heffem, Minneapolis City Atty., Timothy T. Mulrooney, Asst. Minneapolis City Atty., Minneapolis, Hubert H. Humphrey III, Atty. Gen., St. Paul, for respondent., John Scanlan, Hinckley, for appellant.
Keith.
Cited by 6 opinions  |  Published

OPINION

KEITH, Chief Justice.

Defendant Nancy Irene Fitzgerald was convicted of boarding unlicensed dogs and failing to clean up dog waste. Her main argument on appeal is that the police made an unlawful warrantless entry into her residence and that the subsequent search warrant was based on information obtained during that illegal entry. The state counters, arguing that the informant’s report, which included information that the occupant of the residence “may need help,” justified the emergency exception to the warrant requirement and that, in any event, there was sufficient validly obtained information to justify the issuance of the search warrant. The court of appeals, in an unpublished 2-1 decision, affirmed the convictions.

This is not an appropriate case in which to address in any detail the general issue of the warrantless entry of a residence to aid a person in need of assistance. For a discussion of the general issue, see 3 Wayne R. LaFave, Search and Seizure: A Treatise on the Fourth Amendment § 6.6(a) (3d ed.1996). In this case we merely conclude that the state failed to meet its burden of proving that there was an emergency justifying a warrantless entry into defendant’s residence pursuant to the emergency exception. The fact that the unidentified informant waited until the following day after making observations to call the police suggests that there was no emergency. Moreover, the content of the informant’s report, as related by the police officer in his testimony at the omnibus hearing, certainly does not suggest the kind of emergency that would justify a warrant-less entry.

We reverse the decision of the court of appeals affirming the convictions, and we remand to the trial court for further proceedings. The trial court on remand is instructed to address the issue of whether there was sufficient other validly and independently ob[*289] tained information to justify the issuance of the search warrant.

Reversed and remanded to the trial court for further proceedings consistent with this opinion.