STATE v. CURTIS

No. 42283.

190 N.W.2d 631 (1971)

STATE of Minnesota, Respondent, v. George Carpenter CURTIS, Appellant.

Supreme Court of Minnesota.

Rehearing Denied October 27, 1971.


Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, Roberta K. Levy, Doris O. Huspeni, Asst. Public Defenders, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., James M. Kelley, Asst. Atty. Gen., St. Paul, William B. Randall, County Atty., Steven C. DeCoster, Asst. County Atty., St. Paul, for respondent.

Heard before KNUTSON, C. J., and NELSON, OTIS, ROGOSHESKE, and KELLY, JJ.


OPINION

OTIS, Justice.

Defendant appeals from a conviction for possession of marijuana in violation of Minn.St. 618.02. The only issue is whether the search which resulted in the discovery of marijuana following defendant's arrest for a minor traffic violation was valid. We hold that it was not, and the evidence thus obtained should therefore have been suppressed.

On September 29, 1968, at about 10 p. m., Officers Thomas Burke and Robert R. Patsy...

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