STATE v. HINKEL

No. CX-83-2059.

353 N.W.2d 617 (1984)

STATE of Minnesota, Respondent, v. Dennis HINKEL, Appellant.

Court of Appeals of Minnesota.

July 31, 1984.


Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Tom Foley, Ramsey County Atty., Steven C. DeCoster, Asst. County Atty., St. Paul, for respondent.

C. Paul Jones, Minn. Public Defender, Renee J. Bergeron, Asst. Public Defender, Minneapolis, for appellant.

Considered and decided by POPOVICH, C.J., and NIERENGARTEN, and RANDALL, JJ., with oral argument waived.


OPINION

NIERENGARTEN, Judge.

In this appeal, we must determine whether a search warrant permitting police to search the premises of a building and all persons on the premises, authorized in connection with an investigation aimed at an "after hours joint", permitted a search of appellant Dennis Hinkel, who was found on the premises. We must further determine whether the search of appellant was justified as a precautionary weapons search. We reverse.

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