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STATE v. PAYNE

No. C1-86-2093.

403 N.W.2d 273 (1987)

STATE of Minnesota, Appellant, v. James Murl PAYNE, Respondent.

Court of Appeals of Minnesota.

Review Granted April 29, 1987.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Alan L. Mitchell, St. Louis Co. Atty., Vernon D. Swanum, Asst. Co. Atty., Duluth, for appellant.

C. Paul Jones, State Public Defender, Bradford W. Colbert, Asst. Public Defender, Minneapolis, for respondent.

Heard, considered and decided by HUSPENI, P.J., and PARKER and LESLIE, JJ.

OPINION

HUSPENI, Judge.

This is a pretrial appeal by the State from an order suppressing evidence as unconstitutionally obtained. We affirm.

FACTS

The State alleges that in the early morning hours of May 4, 1986, Sergeant Roger Waller of the Duluth Police Department responded to a report of a possible house prowler. The description given was that of a man possibly wearing dark pants or...

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