STATE v. ORTEGA

No. A07-0022.

749 N.W.2d 851 (2008)

STATE of Minnesota, Respondent, v. Danny ORTEGA, Appellant.

Court of Appeals of Minnesota.

June 3, 2008.


Attorney(s) appearing for the Case

Lori Swanson, Attorney General, Tibor M. Gallo, Assistant Attorney General, St. Paul, MN; and Ross E. Arneson, Blue Earth County Attorney, Mankato, MN, for respondent.

Lawrence Hammerling, Chief Appellate Public Defender, Theodora Gaïtas, Assistant Public Defender, Leslie J. Rosenberg, Assistant Public Defender, St. Paul, MN; and Timothy Mulrooney, Special Assistant Public Defender, Wesley T. Graham, Henson & Efron, P.A., Minneapolis, MN, for appellant.

Considered and decided by JOHNSON, Presiding Judge; LANSING, Judge; and ROSS, Judge.


OPINION

ROSS, Judge.

Police arrested Danny Ortega following a routine traffic stop of the car in which he was traveling as a passenger when a search revealed cocaine and marijuana. Ortega moved the district court to suppress evidence of his cocaine possession, arguing that the officer did not have reasonable suspicion to search him based on the knowledge that he possessed an amount of marijuana sufficient to support only a petty-misdemeanor offense. The...

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