State v. Smith

TODD, Justice.

This is a pretrial appeal by the state, pursuant to Rule 29.03, Rules of Criminal Procedure, from an order of the district court suppressing physical evidence after an omnibus hearing in the prosecution of defendants for two counts each of felonious theft. Issues raised by the appeal relate to the plain-sight and the search-incident-to-arrest exceptions to the general rule prohibiting warrantless searches and seizures. We affirm the suppression order in part and reverse it in part, and remand the case for trial.

At 11:30 p. m. on February 22, 1977, two St. Paul policemen were…