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STATE v. VELISHEK

Nos. C8-87-397, CX-87-398.

410 N.W.2d 893 (1987)

STATE of Minnesota, Appellant, v. Judy Lea VELISHEK, Respondent (C8-87-397), Francis Velishek, Jr., Respondent (CX-87-398).

Court of Appeals of Minnesota.

August 25, 1987.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Paul G. Morreim, Freeborn Co. Atty., Albert Lea, for appellant.

Gerald W. Weinrich, Hoversten, Strom, Johnson & Rysavy, Austin, for Judy Lea Velishek.

Kelly P. Callahan, Tuveson, Goldman & Nelson, Albert Lea, for Francis Velishek, Jr.

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

OPINION

WOZNIAK, Judge.

This is a pretrial appeal from an order suppressing evidence as improperly obtained by a search warrant issued without probable cause. We reverse and remand for trial.

FACTS

On October 10, 1986, Freeborn County Deputy Sheriff Anton Wayne received a call from Barry Cummings, a Rice County Sheriff Investigator. Cummings told Wayne that Gerald Velishek had recently appeared in court and told the Rice County Attorney...

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