No. C4-00-1964.

627 N.W.2d 338 (2001)

STATE of Minnesota, Appellant, v. Brian Russell TOMAINO, Respondent.

Court of Appeals of Minnesota.

May 8, 2001.

Attorney(s) appearing for the Case

Mike Hatch, Minnesota Attorney General, St. Paul, MN; and Marvin E. Ketola, Carlton County Attorney, Dennis Genereau, Jr., Assistant County Attorney, Carlton, MN, (for appellant).

Joanna M. Wiegert, Duluth, MN, (for respondent).

Considered and decided by HANSON, Presiding Judge, TOUSSAINT, Chief Judge, and CRIPPEN, Judge.



The state contests a pretrial order suppressing evidence of a controlled substance found in respondent's vehicle and dismissing a complaint charging fifth-degree possession of a controlled substance. The state argues that the district court erred in ruling that the police officer, after lawfully stopping respondent's vehicle for a cracked windshield, did not have reasonable suspicion to prolong the stop based on respondent's nervousness...

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