STATE v. LEMERT

No. A12-0050.

843 N.W.2d 227 (2014)

STATE of Minnesota, Respondent, v. Charles William LEMERT, Appellant.

Supreme Court of Minnesota.

March 5, 2014.


Attorney(s) appearing for the Case

Lori Swanson , Attorney General, Jennifer Coates , Assistant Attorney General, Saint Paul, MN, Michelle M. Zehnder Fischer , Nicollet County Attorney, Saint Peter, MN, for respondent.

Carson J. Heefner , Heefner Nelson Law, P.A., Saint Paul, MN, for appellant.

Cort C. Holten , Jeffrey D. Bores , Chestnut Cambronne PA, Minneapolis, MN, for amicus curiae Minnesota Police and Peace Officers Association Legal Defense Fund.


OPINION

STRAS, Justice.

Appellant Charles William Lemert was convicted of a fifth-degree controlled-substance offense based on evidence that law-enforcement officers recovered from his pockets during a pat search. Prior to trial, Lemert moved to suppress the evidence, arguing that the search was unlawful because the officers lacked a reasonable, articulable suspicion that he might have been armed and dangerous. The district court denied Lemert's motion and...

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