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CITY OF ST. PAUL v. MYLES

No. 43459.

218 N.W.2d 697 (1974)

CITY OF ST. PAUL, Respondent, v. Leo MYLES, Appellant.

Supreme Court of Minnesota.

Rehearing Denied June 20, 1974.

Attorney(s) appearing for the Case

O'Neill, Burke & O'Neill and Patrick H. O'Neill, St. Paul, for appellant.

Kenneth J. Fitzpatrick, City Atty., Stephen C. Rathke, Keith Hanzel, Asst. City Attys., St. Paul, for respondent.

C. Paul Jones, Public Defender, Minneapolis, Mark W. Peterson, Asst. Public Defender, St. Paul, amicus curiae.

Heard before KNUTSON, C.J., and KELLY, TODD, and OLSON, JJ., and reconsidered and decided by the court en banc.

KELLY, Justice.

Defendant appeals from conviction in St. Paul Municipal Court of operating a vehicle with a noisy muffler, simple assault, and illegal transportation of a firearm. The principal issue on this appeal is whether evidence discovered in a police "inventory" of the contents of an automobile prior to impounding the car is the product of an unreasonable search and seizure and therefore inadmissible.

On June 1, 1971, at approximately 1:35 a.m., St...

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