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STATE v. DePOE

No. C6-84-1176.

357 N.W.2d 353 (1984)

STATE of Minnesota, Appellant, v. David Michael DePOE, Respondent.

Court of Appeals of Minnesota.

November 6, 1984.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., State of Minnesota, St. Paul, John R. Leitner, Aitkin County Atty., Aitkin, for appellant.

Richard A. Zimmerman, Ryan, Ryan & Zimmerman, Aitkin, for respondent.

Considered and decided by POPOVICH, C.J., and HUSPENI and FORSBERG, JJ., with oral argument waived.

OPINION

HUSPENI, Judge.

The State appeals a pretrial order excluding certain evidence as the fruit of an illegal search of a car. The State claims this evidence is admissible because the officer made a proper warrantless search of the car. We reverse.

FACTS

On September 24, 1983, at approximately 3:00 A.M., Conservation Officer Lang observed a car driving slowly back and forth on a county...

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