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STATE v. OTIS

No. C9-91-2499.

487 N.W.2d 928 (1992)

STATE of Minnesota, Respondent, v. Timothy J. OTIS, Appellant.

Court of Appeals of Minnesota.

Review Denied September 30, 1992.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, James C. Backstrom, Dakota County Atty., Phillip D. Prokopowicz, Asst. Co. Atty., Hastings, for respondent.

John M. Stuart, State Public Defender, Scott G. Swanson, Asst. State Public Defender, Minneapolis, for appellant.

Considered and decided by AMUNDSON, P.J., and PARKER and KALITOWSKI, JJ.

OPINION

AMUNDSON, Judge.

Appellant Timothy J. Otis challenges the trial court's determination that probable cause existed to search him pursuant to an "other individuals present" search warrant. We reverse.

FACTS

In July 1990 Investigator Bruce Johnson applied for a search warrant to search the residence, garages, vehicles and person of Ricky Johnson. The investigator's supporting affidavit stated (1) another officer learned from a confidential...

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