The Minnesota Court of Appeals has ordered that charges be reinstated against a Sibley County man who was patted down during a warrant search of a home, on suspicion that drugs would be found in the house.
Xavier Richard Jamieson was charged with fifth-degree possession of a controlled substance after a sheriff’s deputy found a small container of methamphetamine on him during a pat frisk.
The warrant was primarily for items related to drug crimes inside the house and not any particular individual.
Deputies say Jamieson was outside when they arrived and ran back into the house, and when police entered they asked if he had any weapons or items that might harm the officers. He admitted to having a knife and syringes in his pocket, and after removing them and patting Jamieson down the deputy also found a container of meth.
The district court ruled that the frisk of Jamieson was beyond the scope of the warrant and dismissed the charge; however, the appeals court has ruled that the search was valid and had sent the case back to Sibley County.