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STATE v. EVANS

No. C8-85-220.

373 N.W.2d 836 (1985)

STATE of Minnesota, Respondent, v. Dean L. EVANS, Appellant.

Court of Appeals of Minnesota.

Review Denied November 1, 1985.

Attorney(s) appearing for the Case

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

C. Paul Jones, Public Defender, Lawrence Hammerling, Asst. Public Defender, Minneapolis, for appellant.

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

OPINION

POPOVICH, Chief Judge.

Appellant appeals his conviction for possession of marijuana with intent to distribute under Minn.Stat. §§ 152.09, subd. 1, 152.02, subd. 2, 152.15, subd. 1(2). Appellant claims (1) there was not probable cause to search him and (2) there was no basis for the police to conduct a protective frisk. We reverse.

FACTS

In the early evening of June 19, 1984, St. Paul police officers Steven Jabs and Lynn...

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