State v. Cross

Rogosheske, Justice.

Defendant stands charged with unlawful possession of a small amount of marijuana 1 and with the unlawful possession of amphetamines. 2 Upon defendant’s pretrial motion, the district court ordered suppressed the seized narcotics found upon a search of defendant’s person incident to his arrest under a warrant for allegedly committing a misdemeanor theft. Since the suppressed evidence is essential to prosecuting defendant for the offense charged, the state, as authorized by Minn. St. 632.11, subd. 1(3), appeals. We reverse.

The sole question raised is whether, upon the facts…