STATE v. ARMSTRONG

No. 51072.

291 N.W.2d 918 (1980)

STATE of Minnesota, Appellant, v. Gary Lee ARMSTRONG, Respondent.

Supreme Court of Minnesota.

April 3, 1980.


Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., St. Paul, R. T. Rodenberg, County Atty., Clark A. Tuttle, III, Asst. County Atty., New Ulm, for appellant.

C. Paul Jones, Public Defender, and Robert Goodell, Asst. Public Defender, Minneapolis, 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, subd. 1, R.Crim.P., from an order of the district court suppressing evidence in a criminal prosecution. The issue raised by the state is whether the district court erred in concluding that the police violated defendant's Fourth Amendment rights in obtaining the evidence in question. We remand for rehearing.

The district court concluded that defendant's custodial arrest for...

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