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STATE v. GEORGE

No. CX-94-2638.

557 N.W.2d 575 (1997)

STATE of Minnesota, Respondent, v. Thomas Otto GEORGE, Petitioner, Appellant.

Supreme Court of Minnesota.

January 16, 1997.

Attorney(s) appearing for the Case

John M. Stuart, Minnesota State Public Defender by Scott G. Swanson, Assistant State Public Defender, Minneapolis, for appellant.

Hubert H. Humphrey, III, Minnesota Attorney General, Catherine M. Keane, Assistant Attorney General, St. Paul, Kenneth Kohler, Nobles County Attorney, Worthington, for respondent.

Heard, considered and decided by the court en banc.

OPINION

GARDEBRING, Justice.

This criminal case raises several issues under the Fourth Amendment to the U.S. Constitution and the comparable provision in the Minnesota Constitution. We are asked to determine whether there was an objective legal basis for the initial traffic stop and whether, assuming the stop was valid, there was consent for the ensuing search. Because we conclude that there was no objective legal basis for the stop and no consent to the...

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