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STATE v. PAYNE

No. C1-86-2093.

406 N.W.2d 511 (1987)

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

Supreme Court of Minnesota.

May 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 Colbert, Asst. State Public Defender, Minneapolis, for respondent.

Considered and decided by the court en banc without oral argument.

AMDAHL, Chief Justice.

We granted the state's petition for review of a 2-1 decision of the court of appeals affirming a pre-trial suppression order in a prosecution of defendant for possession of a number of different controlled substances and for possession of a pistol by a convicted felon. The state contends that the court of appeals erred in holding that the frisk which resulted in the discovery of the items was illegal. We hold that the frisk was legal and we...

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