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STATE v. KENDALL

No. A11-378.

State of Minnesota, Appellant, v. Rory Alexander Kendall, Respondent.

Court of Appeals of Minnesota.

Filed June 20, 2011.

Attorney(s) appearing for the Case

Lori Swanson , Attorney General, St. Paul, Minnesota; and Brian J. Melton , Clay County Attorney, Matthew D. Greenley , Assistant County Attorney, Moorhead, Minnesota, for appellant.

Mark D. Nyvold , Special Assistant State Public Defender, St. Paul, Minnesota, for respondent.

Considered and decided by Johnson, Chief Judge; Worke, Judge; and Muehlberg, Judge.

UNPUBLISHED OPINION

MUEHLBERG, Judge.*

The state appeals from the district court's order suppressing evidence of methamphetamine gathered from a cigarette case that officers removed from respondent's person during a frisk for officer safety. Because opening the cigarette case went beyond what was necessary or reasonable for officer safety, the district court did not err in suppressing the drug evidence. Therefore, we affirm....

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