STATE v. LUDTKE

No. 81-364.

306 N.W.2d 111 (1981)

STATE of Minnesota, Appellant, v. Henry John LUDTKE, Respondent.

Supreme Court of Minnesota.

Rehearing Denied July 20, 1981.


Attorney(s) appearing for the Case

Michael L. Kirk, County Atty., Fergus Falls, for appellant.

Benjamin S. Houge, 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 Minn.R.Crim.P. 29.03, from an order of the district court suppressing evidence on fourth amendment grounds in a prosecution of defendant for (1) possessing controlled substances with intent to distribute, and (2) carrying a pistol without a permit in a motor vehicle. We reverse and remand for trial.

Trooper Dan Prischmann of the Highway Patrol stopped a speeding vehicle in which defendant...

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