State v. Payne

AMDAHL, Chief Justice.

We granted the state’s petition for review of a 2-1 decision of the court of appeals affirming a pre-trial suppression order in a prosecution of defendant for possession of a number of different controlled substances and for possession of a pistol by a convicted felon. The state contends that the court of appeals erred in holding that the frisk which resulted in the discovery of the items was illegal. We hold that the frisk was legal and we reverse and remand for trial.

At 3:00 a.m. on Sunday, May 4, 1986, Duluth police received a report that a prowler had fled after…