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STATE v. COLOSIMO

No. C7-01-2181.

669 N.W.2d 1 (2003)

STATE of Minnesota, Petitioner, Appellant, v. John Mark COLOSIMO, Respondent.

Supreme Court of Minnesota.

September 25, 2003.

Attorney(s) appearing for the Case

Mike Hatch, Minnesota Attorney General, St. Paul, MN, Alan L. Mitchell, St. Louis County Attorney, by Jeffrey M. Vlatkovich, Assistant County Attorney, Hibbing, MN, for Appellant.

John M. Colosimo (Pro se), Virginia, MN, for Respondent.

Teresa Nelson, Minnesota Civil Liberties Union, St. Paul, MN, by Howard S. Carp, Volunteer Attorney on Behalf of Minnesota Civil Liberties Union, Minneapolis, MN, for Amici Curiae.

Heard, considered, and decided by the court en banc.

OPINION

GILBERT, Justice.

Respondent John M. Colosimo was convicted for refusal to allow inspection of a boat, Minn.Stat. § 97A.251, subd. 1(3) (2000). Colosimo challenged his conviction arguing he was unlawfully stopped by the conservation officer, the officer did not have probable cause to inspect the boat and the request to inspect the boat was an unlawful seizure. The court of appeals reversed the conviction concluding that the conservation officer...

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