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In addition to evidence that respondent possessed child pornography and that minors were present at his home, appellant offered two witnesses at trial. The first witness was the manufactured-housing park manager. She testified that she first became aware of appellant’s criminal activity when a resident of the community gave her a copy of a newspaper article dated February 20, 2003. The park manager stated that, once notified, she requested the police reports and gave notice to respondent that his lease was being terminated. The park manager also testified that respondent’s conviction was the sole basis for the lease termination.
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§ 327C.09, and did not allow appellant to recover possession of the land on which respondent’s manufactured home was located. The questioning at issue was based on the contents of a police report that was not admitted into evidence. During the presentation of appellant’s case, the district court sustained respondent’s hearsay objection to the admission of the police report because the authoring officers were not present.
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On this record we cannot determine that possession of child pornography is proof that a person constitutes a danger to others. 5, does not set forth any per se categories of endangerment and substantial annoyance, although it is within the power of the legislature to do so. We note that state law provides that leases have a statutory covenant that controlled substances, prostitution, and firearms offenses are a basis for eviction. The legislature has given lessees of home sites in manufactured-housing parks certain protections against eviction. We are obliged to follow the law as enacted by the legislature and decline to accept appellant’s per se position. In evaluating appellant’s challenge to the district court ruling, we do not assume the residents of Country View Mobile Home Park were unconcerned about appellant’s conviction.
At a November 24, 2003 hearing, the district court excluded a police report as hearsay and ruled that the Fifth Amendment to the U.S. Constitution precluded respondent from answering certain questions. Based on the evidence at the hearing, the court observed that there was no evidence to support the termination of the lease, other than respondent’s conviction for possession of child pornography. The court also determined that the conviction, standing alone, was not an adequate basis for an eviction pursuant to Minn.
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It was appellant’s decision to bring the eviction action solely on the basis of possession of child pornography. Because respondent was not put on notice that such matters might be the basis for the eviction action, this matter was not argued or presented to the district court. Appellant asks this court to consider the contents of the police report as substantive evidence in reviewing the merits of its appeal. Because the police report was properly excluded and is outside the record on appeal, we may not consider its contents and we grant respondent’s motion to strike those portions of appellant’s brief referring to the report.
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Lot 39 RENTED
BuildZoom combines license information on 3.5 million contractors with 270 million building permits, and over 135,000 reviews from property owners. A witness “may invoke their Fifth Amendment right against self-incrimination in civil as well as criminal proceedings.” Estate of Stollmeyer v. May, 580 N.W.2d 58, 60 (Minn. App. 1998). The privilege may be invoked if the information sought would have a tendency to incriminate the witness. State Bar Ass’n v. Divorce Assistance Ass’n, 311 Minn. 276, 278, 248 N.W.2d 733, 737 . The witness is only required to demonstrate that “testimony would provide a link in the chain of evidence required for prosecution and that a chance of prosecution exists.” Id. . The second witness was Detective Mark Holden of the Lakeville Police Department who testified that he was assigned to respondent’s criminal case after the initial arrest.
The detective stated that in the course of the interview, respondent admitted to the possibility that his computer contained pornography involving the depiction of minors. The best way to use BuildZoom is to let us recommend contractors for your remodeling projects. Their BuildZoom score of 98 ranks in the top 16% of 3,459 South Dakota licensed contractors. ENTERPRISE ACCESS Your entire office will be able to use your search subscription. In addition, all pages on Bizapedia will be served to you completely ad free and you will be granted access to view every profile in its entirety, even if the company chooses to hide the private information on their profile from the general public.
We note that respondent never attempted to invoke his Fifth Amendment rights. However, even if error, the question remains whether the error was prejudicial. Prejudice to appellant’s case depends on whether the evidence was relevant. Appellant manufactured-home park challenges the district court’s ruling that it failed to prove the elements necessary to evict respondent resident. Appellant also challenges the district court’s exclusion of certain evidence. Because the record does not support eviction, because the district court did not abuse its discretion in excluding hearsay evidence, and because other evidence the court excluded was irrelevant, we affirm.
The district court found that appellant failed to prove by a preponderance of the evidence that respondent caused endangerment or a substantial annoyance. It found that appellant failed to prove that any minor residents of the park viewed the pictures or that any residents had been endangered or substantially annoyed by his activity. Country View Mobile Home community is a 150-unit mobile home park focused on family living.
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