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STATE v. MILLER

No. 81-209.

316 N.W.2d 23 (1982)

STATE of Minnesota, Respondent, v. Chris N. MILLER, Appellant.

Supreme Court of Minnesota.

February 19, 1982.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, and Kathy King, Asst. Public Defender, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., St. Paul, Thomas L. Johnson, County Atty., Vernon E. Bergstrom, Chief, Appellate Section, Michael McGlennen, Thomas A. Weist and Anne E. Peek, Asst. County Attys., Minneapolis, for respondent.

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

OPINION

ROGOSHESKE, Justice.*

This criminal appeal presents a number of issues, the main one involving the scope of Payton v. New York, 445 U.S. 573, 100 S.Ct. 1371, 63 L.Ed.2d 639 (1980), which held that, absent exigent circumstances or consent, police without an arrest warrant may not cross the threshold and enter a suspect's residence to arrest him.

This prosecution in district...

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