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STATE v. KREPS

No. 01-0571.

650 N.W.2d 636 (2002)

STATE of Iowa, Appellant, v. Michael Scott KREPS, Appellee.

Supreme Court of Iowa.

September 5, 2002.

Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, Mary Tabor and Denise Timmins, Assistant Attorneys General, Richard Crowl, County Attorney, and Christine Delorme, Assistant County Attorney, for appellant.

Linda Del Gallo, State Appellate Defender, and Nan Jennisch, Assistant Appellate Defender, for appellee.

LAVORATO, Chief Justice.

The State sought discretionary review of a district court ruling sustaining the defendant's motion to suppress evidence. The evidence was obtained by a police officer who stopped the defendant's vehicle when a passenger exited the vehicle while it was still moving.

We transferred the case to the court of appeals, which affirmed. We granted the State's application for further review. On that review, we now vacate the court of

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