STATE v. WHITE

No. C4-90-1430.

489 N.W.2d 792 (1992)

STATE of Minnesota, Appellant, v. Eddie WHITE, Respondent.

Supreme Court of Minnesota.

Rehearing Denied November 3, 1992.


Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Michael O. Freeman, Hennepin County Atty., and Donna J. Wolfson, Asst. County Atty., Minneapolis, for appellant.

John M. Stuart, State Public Defender and Lawrence W. Pry, Asst. State Public Defender, St. Paul, for respondent.

Heard, considered and decided by the court en banc.


OPINION

COYNE, Justice.

Defendant was convicted of possession of a controlled substance in the third degree in violation of Minn.Stat. § 152.023, subd. 2(2) (1989). The court of appeals, in a 2-1 decision holding that the search of defendant's car violated the Fourth Amendment of the United States Constitution, "reverse[d] and remand[ed] for [an] evidentiary hearing on whether [the] police would have discovered the evidence, inevitably, without the...

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