State v. Armstrong

SHERAN, Chief Justice.

This is a pretrial appeal by the state, pursuant to R. 29.03, subd. 1, R.Crim.P., from an order of the district court suppressing evidence in a criminal prosecution. The issue raised by the state is whether the district court erred in concluding that the police violated defendant’s Fourth Amendment rights in obtaining the evidence in question. We remand for rehearing.

The district court concluded that defendant’s custodial arrest for the petty misde meanor of possessing a small amount of marijuana was illegal and that under State v. Martin, 253 N.W.2d 404 (Minn.1977), the…