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STATE v. LUCAS

No. C0-97-2145.

589 N.W.2d 91 (1999)

STATE of Minnesota, Petitioner-Appellant, v. Brian Keith LUCAS, Respondent.

Supreme Court of Minnesota.

January 21, 1999.

Attorney(s) appearing for the Case

Clayton M. Robinson, Jr., Saint Paul City Attorney, Joel A. Franklin, Assistant City Attorney, Saint Paul, for petitioner-appellant.

John M. Stuart, State Public Defender, Mark D. Nyvold, Assistant State Public Defender, Saint Paul, for respondent.

Michael A. Hatch, Attorney General of Minnesota, Jeffrey F. Lebowski, Assistant Attorney General, Saint Paul, for amici curiae Minnesota Commissioner of Public Safety.

Moore, Costello & Hart, P.L.L.P., J. Patrick Plunkett, James E. Blaney, Saint Paul, for amici curiae Minnesota Safety Council, Inc.

Heard, considered, and decided by the court en banc.

OPINION

GILBERT, Justice.

The issue in this case is whether a police officer may stop a vehicle based solely on a violation of Minn.Stat. § 169.685, subd. 5(b) (1998), the child passenger restraint statute. The trial court and court of appeals both held that the prohibition on citations based solely on a violation of Minn.Stat. § 169.686, subd. 1(3) (1998), the seat belt statute, was also applicable to the child passenger restraint statute, Minn...

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