State v. Armstrong

Defendant has been found guilty of petty theft, a misdemeanor, and appeals from the conviction. The issues are whether defendant was in fact arrested without a warrant for a misdemeanor not committed in the presence of the arresting officer in violation of Minn. St. 629.34(1); and whether defendant consented to a search and seizure which led to a valid arrest.

On April 19, 1970, a nurse at Hennepin County General Hospital reported her purse stolen and summoned the police. As an officer arrived, unidentified bystanders shouted “Stop him, that’s the man,” indicating defendant, who was going out…