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STATE v. RICHMOND

No. C8-99-728.

602 N.W.2d 647 (1999)

STATE of Minnesota, Appellant, v. Damon Cortez RICHMOND, Respondent.

Court of Appeals of Minnesota.

Review Denied January 18, 2000.

Attorney(s) appearing for the Case

Mike Hatch, Attorney General, St. Paul; and Amy Klobuchar, Hennepin County Attorney, Beverly J. Benson, Assistant County Attorney, Minneapolis, for appellant.

William E. McGee, Fourth District Public Defender, Peter W. Gorman, Assistant Public Defender, Minneapolis, for respondent.

Considered and decided by TOUSSAINT, Chief Judge, RANDALL, Judge, and HALBROOKS, Judge.

OPINION

RANDALL, Judge.

The district court granted respondent Damon Cortez Richmond's motion to suppress cocaine found in his pocket during a search. The state appeals this ruling and argues: (1) the district court erred when it found the search of Richmond's pocket exceeded the scope of a Terry frisk; and (2) there was probable cause to arrest Richmond and, consequently, the search was incident to arrest. We...

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