STATE v. WHELAN

Nos. CX-84-290, C1-84-291, and C3-84-292.

350 N.W.2d 414 (1984)

STATE of Minnesota, Appellant, v. Douglas W. WHELAN, Respondent. STATE of Minnesota, Appellant, v. Robert E. CARLSON, Respondent. STATE of Minnesota, Appellant, v. Donald W. WARNER, Respondent.

Court of Appeals of Minnesota.

June 19, 1984.


Attorney(s) appearing for the Case

Paul G. Morreim, Freeborn County Atty., Albert Lea, for appellant.

Stephen R. Erickson, Albert Lea, for respondent Donald W. Warner, Phillip A. Kohl, Albert Lea, for respondent Douglas W. Whelan, Jamie A. Kyllo, Albert Lea, for respondent Robert E. Carlson.

Heard, considered, and decided by WOZNIAK, P.J., and HUSPENI and NIERENGARTEN, JJ.


OPINION

WOZNIAK, Judge.

These three cases have been consolidated for appeal. At the omnibus hearing, the trial court suppressed evidence and dismissed the case against the defendants. The State appeals under Rule 28.04(1) of the Minnesota Rules of Criminal Procedure. We affirm.

FACTS

On August 16, 1983, an informant told a Freeborn County Sheriff that he had just seen "a large, zip lock baggie which appeared to contain in excess of two...

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