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STATE v. GOBELY

No. C6-83-1569.

366 N.W.2d 600 (1985)

STATE of Minnesota, Petitioner, Appellant, v. Timothy Joseph GOBELY, Respondent.

Supreme Court of Minnesota.

Rehearing Denied July 1, 1985.

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 appellant.

Ragnhild Ann Westby, St. Paul, for respondent.

Heard, considered, and decided by the court en banc.

PETERSON, Justice.

Defendant, Timothy Joseph Gobely, was found guilty by a district court jury of receiving stolen property in excess of $1,000, in violation of Minn.Stat. § 609.53 (1984), and was sentenced to 52 months' imprisonment. The Minnesota Court of Appeals reversed defendant's conviction as based upon evidence obtained from an unlawful frisk, holding that police officers executing a search warrant in an apartment were not justified in frisking an individual...

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