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STATE v. LINDSEY

No. C2-89-2280.

473 N.W.2d 857 (1991)

STATE of Minnesota, Appellant, v. Mose LINDSEY, Respondent.

Supreme Court of Minnesota.

Rehearing Denied September 13, 1991.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., and Tom Foley, Ramsey County Atty., Darrell C. Hill, Asst. Ramsey County Atty., St. Paul, for appellant.

Barry V. Voss, Calhoun Square, Minneapolis, for respondent.

Hubert H. Humphrey, III, Atty. Gen., James B. Early, Sp. Asst. Atty. Gen., St. Paul, for amicus curiae.

Considered and decided by the court en banc.

KEITH, Chief Justice.

We granted the state's petition for review of the court of appeals' decision reversing the conviction of Mose Lindsey of possession with intent to distribute cocaine. The drugs were found by police in an apartment used by Lindsey in a search authorized by a judge over the telephone after the applicant established probable cause. The trial court denied Lindsey's motion to suppress, finding no constitutional violation and that the statutory noncompliance...

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