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STATE v. HAWKINS

No. CX-00-1144.

622 N.W.2d 576 (2001)

STATE of Minnesota, Appellant, v. Eric Dean HAWKINS, Respondent.

Court of Appeals of Minnesota.

February 7, 2001.

Attorney(s) appearing for the Case

Mike Hatch, Attorney General, St. Paul; and Amy Klobuchar, Hennepin County Attorney, Michael Richardson, Assistant County Attorney, Minneapolis, for appellant.

Dave Knutson, Acting Chief Fourth District Public Defender, Peter W. Gorman, Assistant Public Defender, Minneapolis, for respondent.

Considered and decided by PETERSON, Presiding Judge, LANSING, Judge, and STONEBURNER, Judge.

OPINION

PETERSON, Judge.

This appeal is from a pretrial order suppressing crack cocaine found during a search of appellant Eric Dean Hawkins after he was arrested for a misdemeanor offense. The state argues that there was probable cause to arrest Hawkins for a felony drug offense and, therefore, the crack cocaine was properly seized during a search incident to arrest. We reverse.

FACTS

The district court found that at about 1:40 a.m. on...

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