STATE v. JOHNSON

No. C1-88-2261.

439 N.W.2d 400 (1989)

STATE of Minnesota, Respondent, v. Mark Craig JOHNSON, Appellant.

Court of Appeals of Minnesota.

Review Granted July 12, 1989.


Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Scott Hersey, Isanti County Atty., Dean E. Emanuel, Asst. Isanti County Atty., Cambridge, for respondent.

Robert Munns, Anoka, for appellant.

Heard, considered and decided by CRIPPEN, P.J., and HUSPENI and SCHULTZ, JJ.


OPINION

HUSPENI, Judge.

Mark Johnson appeals from a conviction of driving after revocation of his license, asserting the invalidity of the Terry stop. The stop was based on the state trooper's inference that the appellant had taken evasive action to avoid contact with the trooper. Because an evasive action alone is an insufficient basis for a Terry stop, we reverse.

FACTS

The parties...

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