STATE v. DAY

No. C8-90-751.

461 N.W.2d 404 (1990)

STATE of Minnesota, Respondent, v. John Vernon DAY, Appellant.

Court of Appeals of Minnesota.

Review Denied December 20, 1990.


Attorney(s) appearing for the Case

John S. Lind, Indian Legal Assistance Program, Duluth, for appellant.

Hubert H. Humphrey, III, Atty. Gen., St. Paul and Thomas Butorac, Virginia City Atty., Virginia, for respondent.

Considered and decided by CRIPPEN, P.J., and FOLEY and SCHUMACHER, JJ.


OPINION

CRIPPEN, Judge.

In a proceeding leading to conviction of appellant for driving after revocation, the trial court admitted evidence obtained after a police officer pulled in near appellant at a gas station, exited his squad car, and summoned appellant to approach his squad car to provide identification and to respond to questioning. Appellant contends the officer's conduct constituted a restraint under the fourth amendment and the officer's actions...

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