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STATE v. LARSEN

No. C5-01-980.

650 N.W.2d 144 (2002)

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

Supreme Court of Minnesota.

August 29, 2002.

Attorney(s) appearing for the Case

Mike Hatch, Attorney General, St. Paul, MN, G. Paul Beaumaster, Nathaniel J. Reitz, Faribault, MN, Appellant.

Samuel A. McCloud, Carson J. Heefner, McCloud & Boedigheimer, P.A., Shakopee, MN, Respondent.

Kevin G. Ross, Greene Espel, P.L.L.P., Minneapolis, MN, Attorney for Amicus Minnesota Conservation Officers' Association.

Heard, considered and decided by the court en banc.

OPINION

STRINGER, Justice.

In the course of his duties, a Minnesota conservation officer entered the fish house of Marvin Russell Larsen (respondent) to conduct a routine license check. Upon entry, the officer discovered that respondent had three fishing lines in the water and that he was in possession of marijuana. Respondent was charged with a controlled substance offense and angling with one more line than allowed under his license. Respondent moved to...

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