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    Criminal Law Keyed to Osler

    United States v. Martin

    Citation:
    866 F. 2d 972 (8th Cir. 1989)

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      Police informant testified that the Martin and Emerson committed a burglary of a drug store in New Hope, Minnesota, taking over $950 worth of codeine, Ritalin, and other controlled substances. The informant’s testimony was corroborated by a drug store employee who saw the two casing out the store the day before the burglary.

      Four days after the burglary, Officer Shannon stopped a car after observing the driver exit the vehicle, go up to the front of a drug store, and investigate its lock. The driver was identified as Martin and Emerson was in the passenger seat. Officer Shannon observed Martin wearing a booster coat and got consent to search the car. Officer Shannon saw a railroad bar, pry pliers, drills, and tools, a buck knife, and a screwdriver. There was not enough to stop the car any further at that time.

      Two days after the stop, officers applied for a search warrant for Martin and his car, which was granted. The reason for the warrant included a report from a truck stop manager who stated that a man wearing a booster jacket and driving a car with plates that were registered to Martin, attempted to steal t-shirts. The warrant was executed and officers seized the booster coat, numerous tools, a bag of pills, and a lock pick. Martin was arrested. Emerson’s home was then searched with a warrant, several items were seized, and Emerson was arrested. They were both charged and convicted of burglary and possession of illegal drugs with intent to distribute.

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    Topic Resources

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    United States v. Martin5m 52s
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    United States v. Martin7m 17s
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    Topic Outline

    Theft Crimes

    Topic Refresher Course

    Burglary

    Topic Charts & Notes

    Theft

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    United States v. Martin