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STATE v. SMITH

No. 47828.

261 N.W.2d 349 (1977)

STATE of Minnesota, Appellant, v. Lucas Lee SMITH, Respondent. STATE of Minnesota, Appellant, v. Lyndon Lee SMITH, Respondent.

Supreme Court of Minnesota.

December 16, 1977.

Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., William B. Randall, County Atty., Steven C. DeCoster, Asst. County Atty., St. Paul, for appellant.

Charles A. Williams, Jr., Asst. County Public Defender, St. Paul, for Lucas Lee Smith.

James T. Hankes, Asst. County Public Defender, St. Paul, for respondent.

Considered and decided by the court en banc.

TODD, Justice.

This is a pretrial appeal by the state, pursuant to Rule 29.03, Rules of Criminal Procedure, from an order of the district court suppressing physical evidence after an omnibus hearing in the prosecution of defendants for two counts each of felonious theft. Issues raised by the appeal relate to the plain-sight and the search-incident-to-arrest exceptions to the general rule prohibiting warrantless searches and seizures. We affirm the suppression order...

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