STATE v. LARSEN

No. C5-01-980.

637 N.W.2d 315 (2001)

STATE of Minnesota, Appellant, v. Marvin Russell LARSEN, Respondent.

Court of Appeals of Minnesota.

December 26, 2001.


Attorney(s) appearing for the Case

Mike Hatch, Attorney General, St. Paul, and G. Paul Beaumaster, Rice County Attorney, Nathaniel J. Reitz, Assistant County Attorney, Faribault, for appellant.

Samuel A. McCloud, Carson J. Heefner, McCloud & Boedigheimer, P.A., Circle K, Shakopee, for respondent.

Considered and decided by RANDALL, Presiding Judge, AMUNDSON, Judge, and HARTEN, Judge.


OPINION

R.A. RANDALL, Judge.

The state challenges a pretrial order that dismissed charges of petty misdemeanor possession of marijuana and fishing with an extra line. The evidence to support those charges was obtained by a Minnesota conservation officer who entered and searched respondent's ice-fishing house with no articulable suspicion, no probable cause, no search warrant, no issue of hot pursuit, and the search and seizure did not come under any other...

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