Search Warrants — Probable Cause

A jury found appellant guilty of terroristic threats, possession of a firearm by an ineligible person, and two controlled-substance crimes. Appellant challenged his convictions, arguing, inter alia, that a search warrant for his home was not supported by probable cause and the search exceeded the scope of the warrant. Appellant argued that the documents at issue related to the purchase of a crossbow were not contraband or evidence of crime and there was not probable cause to search for those items. The Court of Appeals noted that items showing appellant’s residency or occupancy could show that appellant and the victim were residing or had resided together and therefore constituted evidence of a crime. Moreover, documents establishing appellant’s ownership of the crossbow and ammunition could corroborate the victim’s statements that appellant used the crossbow during the domestic-assault and terroristic-threats offenses. The Court concluded that the crossbow documents therefore could also be evidence of a crime. Affirmed.

A14-1545 State v. Mitchell (Stearns County)

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