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STATE v. MENARD

Nos. C4-83-1473, C8-83-1475.

341 N.W.2d 888 (1984)

STATE of Minnesota, Appellant, v. Sandy Lynn MENARD, Respondent (C4-83-1473), Russell Wayne Rushfeldt, Respondent (C8-83-1475).

Court of Appeals of Minnesota.

January 4, 1984.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., John Dimich, Itasca Co. Atty., Bernard L. Bodien, Asst. County Atty., Grand Rapids, for appellant.

Kimball Mattson, Mattson & Finn, Walker, for Menard.

C. Paul Jones, Public Defender, Robert D. Goodell and Susan Maki, Asst. Public Defenders, Minneapolis, for Rushfeldt.

Considered and decided by POPOVICH, C.J., and FOLEY and SEDGWICK, JJ., with oral argument waived.

OPINION

FOLEY, Judge.

This case is a consolidated pre-trial appeal by the state, pursuant to Minn.R. Crim.P. 29.03, from an order of the Itasca County District Court dismissing the felony complaints against defendants on the ground that the investigatory stop which led to the arrests was unconstitutional. We reverse.

FACTS

On Sept. 9, 1983, Donald Irish of the Nashwauk Police Department stopped...

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