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STATE v. MOFFATT

No. C5-89-670.

450 N.W.2d 116 (1990)

STATE of Minnesota, Appellant, v. Rolland Lee MOFFATT, Gerald Joe Moffatt, and Terry Lee Theis, Respondents.

Supreme Court of Minnesota.

January 12, 1990.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, and James A. Terwedo, Scott County Atty., Susan K. McNellis, Asst. County Atty., Shakopee, for appellant.

Dennis Miller, Golden Valley, for Rolland Lee Moffatt.

Mark Anderson, Asst. State Public Defender, Minneapolis, for Gerald Joe Moffatt.

Richard Indritz, Reed & Pond, Ltd., Mound, for Terry Lee Theis.

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

SIMONETT, Justice.

The issue on this pre-trial appeal by the state is whether the trial court erred in suppressing evidence on Fourth Amendment grounds in the prosecution of defendants for burglary and criminal damage to property. The court of appeals, in an unpublished opinion, affirmed the trial court's suppression order. We granted the state's petition for review and the defendant's cross-petition. Concluding that the police did not violate defendants' Fourth Amendment...

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