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STATE v. CARTER

Nos. CX-95-1368, C9-95-1765.

596 N.W.2d 654 (1999)

STATE of Minnesota, Respondent, v. Wayne Thomas CARTER, Appellant, Melvin Johns, Appellant.

Supreme Court of Minnesota.

July 15, 1999.

Attorney(s) appearing for the Case

John M. Stuart, State Public Defender, Scott Swanson, Asst. State Public Defender, Minneapolis, Bradford Colbert, Asst. State Public Defender, St. Paul, for appellants.

Michael A. Hatch, Atty. Gen., St. Paul, James C. Backstrom, Dakota County Atty., Phillip D. Prokopowicz, Hastings, for respondent.

Considered and decided by the court en banc without oral argument.

OPINION

RUSSELL A. ANDERSON, Justice.

These cases return to us on remand from the United States Supreme Court. On September 11, 1997, we ruled that the police violated the constitutional rights of appellants, Wayne Thomas Carter and Melvin Johns, when an Eagan police officer stood 12 to 18 inches from a window of an apartment and looked through a gap in the blinds, spotting the appellants packaging cocaine in the kitchen with a woman who was later identified...

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