STATE v. DOYLE

No. C7-83-415.

336 N.W.2d 247 (1983)

STATE of Minnesota, Appellant, v. John Wallace DOYLE, Respondent.

Supreme Court of Minnesota.

July 8, 1983.


Attorney(s) appearing for the Case

Hubert H. Humphrey III, Atty. Gen., St. Paul, Raymond F. Schmitz, County Atty., and Michael S. Husby, Asst. County Atty., Rochester, for appellant.

Peterson & Stephenson and Mark G. Stephenson, Rochester, for respondent.

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


AMDAHL, Chief Justice.

This is an appeal by the state, pursuant to Minn.R.Crim.P. 29.03, subd. 1, from an order of the district court suppressing evidence on fourth amendment grounds and dismissing the prosecution of defendant for possessing cocaine with intent to sell and for simple possession of cocaine, hashish and LSD. The evidence in question was found in a warranted search of the apartment in which defendant was residing, an apartment that was leased by a friend...

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