State v. Vohnoutka

SHERAN, Chief Justice.

This is a pretrial appeal by the state, pursuant to R. 29.03, R.Crim.P., from an order of the district court suppressing evidence on Fourth Amendment grounds in a felony prosecution of defendant for possession of a large amount of marijuana. We reverse the suppression order and remand for trial.

At 5 a. m. on August 17, 1979, when it was still dark outside, police officers saw the driver of a motor vehicle shut off the lights of the car and drive it into the parking lot of a visibly closed service station. The officers drove behind the car, which was stopped, and…