State v. Dineen

SHERAN, Chief Justice.

This is a pretrial criminal appeal by the state, pursuant to R. 29.03, R.Crim.P., from an order of the district court which suppressed evidence on Fourth Amendment grounds and dismissed three of four counts pending against defendant. We affirm.

On February 1, 1980, a Benson police officer approached a motor vehicle owned by defendant and in which defendant was a passenger for the purpose of warning the defendant about being illegally double-parked. The car’s engine was running, the car was in the proper driving lane and was waiting at the intersection; it was not blocking…