State v. Eggersgluess

OPINION

HARTEN, Judge.

This pretrial appeal by the state was brought pursuant to Minn.R.Crim.P. 28.04, subd. 1(1). Respondent Timothy Allen Eg-gersgluess was arrested for possession of cocaine following a search arising from a state trooper’s investigation of an open bottle violation. At the pretrial evidentiary hearing, the trial court excluded cocaine found on respondent’s person and his admission that the substance was “coke.” The state argues that the suppression was erroneous because there was probable cause for the trooper to frisk respondent a second time, to remove an unknown item from…