STATE v. WIGGINS

No. A09-1987.

788 N.W.2d 509 (2010)

STATE of Minnesota, Respondent, v. Frank Irving WIGGINS, Appellant.

Court of Appeals of Minnesota.

September 14, 2010.


Attorney(s) appearing for the Case

Lori Swanson , Attorney General, St. Paul, MN; and Susan Gaertner , Ramsey County Attorney, Mitchell L. Rothman , Assistant County Attorney, St. Paul, MN, for respondent.

David W. Merchant , Chief Appellate Public Defender, Michael F. Cromett , Assistant Public Defender, St. Paul, MN, for appellant.

Considered and decided by ROSS, Presiding Judge; KALITOWSKI, Judge; and WRIGHT, Judge.


OPINION

ROSS, Judge.

This case requires us to determine the constitutionality of a novel police procedure which, as far as we can tell, has never been reviewed on appeal by this court or any other. An officer investigating a suspected drug deal directed appellant Frank Wiggins from a car, ordered him to raise his hands high overhead, and then discovered a handgun in his pocket when she hoisted up his sagging pants that had dropped to hang around his knees...

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