State v. Payne

*274OPINION

HUSPENI, Judge.

This is a pretrial appeal by the State from an order suppressing evidence as unconstitutionally obtained. We affirm.

FACTS

The State alleges that in the early morning hours of May 4, 1986, Sergeant Roger Waller of the Duluth Police Department responded to a report of a possible house prowler. The description given was that of a man possibly wearing dark pants or dark sweatpants. Shortly thereafter, he saw three men entering a parked car within 2½ blocks of the location of the reported crime. Sergeant Waller was suspicious because the three wore dark clothing and were in a…