STATE v. VOHNOUTKA

No. 51149.

292 N.W.2d 756 (1980)

STATE of Minnesota, Appellant, v. Randall George VOHNOUTKA, Respondent.

Supreme Court of Minnesota.

May 9, 1980.


Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., St. Paul, R. Kathleen Morris, County Atty., Shakopee, for appellant.

O'Neill, Goggins & Traxler and Robert O. O'Neill, New Prague, for respondent.

Considered and decided by the court en banc without oral argument.


SHERAN, Chief Justice.

This is a pretrial appeal by the state, pursuant to R. 29.03, R.Crim.P., from an order of the district court suppressing evidence on Fourth Amendment grounds in a felony prosecution of defendant for possession of a large amount of marijuana. We reverse the suppression order and remand for trial.

At 5 a. m. on August 17, 1979, when it was still dark outside, police officers saw the driver of...

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