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STATE v. CROOK

No. C6-91-2217.

485 N.W.2d 726 (1992)

STATE of Minnesota, Plaintiff, v. Christopher Kurt CROOK, Defendant.

Court of Appeals of Minnesota.

Review Denied August 4, 1992.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Michael O. Freeman, Hennepin Co. Atty., Lisa Berg, James K. Appleby, Asst. Co. Atty., Minneapolis, for plaintiff.

John J. Leunig, Meshbesher Birrell & Dunlap, Ltd., Minneapolis, for defendant.

Considered and decided by AMUNDSON, P.J., and PETERSON and STONE, JJ.

OPINION

AMUNDSON, Judge.

This appeal is a certified question as to the constitutionality of a police officer's removal of a baseball cap from a homicide suspect's head without a prior pat-search of the cap and first having felt what was reasonably believed to be a weapon.

FACTS

On June 6, 1991, Minneapolis Police Officers Bautista and Beauchamp were on routine patrol when they saw a vehicle they

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