State v. Day

OPINION

CRIPPEN, Judge.

In a proceeding leading to conviction of appellant for driving after revocation, the trial court admitted evidence obtained after a police officer pulled in near appellant at a gas station, exited his squad car, and summoned appellant to approach his squad car to provide identification and to respond to questioning. Appellant contends the officer’s conduct constituted a restraint under the fourth amendment and the officer’s actions occurred without articulable cause. We agree and reverse.

FACTS

A Virginia, Minnesota police officer stopped to the left of appellant’s car at…