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STATE v. McKINLEY

No. 45537.

232 N.W.2d 906 (1975)

STATE of Minnesota, Appellant, v. L. B. McKINLEY, Respondent.

Supreme Court of Minnesota.

September 5, 1975.

Attorney(s) appearing for the Case

Pierre N. Regnier, City Atty., Thomas R. Hughes and Beryl A. Nord, Asst. City Attys., St. Paul, for appellant.

Mark Reinhardt, Legal Assistance of Ramsey County, Inc., St. Paul, for respondent.

Randall D. B. Tigue, Minneapolis, Barbara Kehrberg, MCLU Volunteer Law Student, Wm. Mitchell College of Law, amicus curiae, for Minn. Civil Liberties Union.

Considered and decided by the court en banc.

SCOTT, Justice.

This is an appeal from an order of the St. Paul municipal court dismissing a charge against defendant for operating an automobile after cancellation of his driving privileges. The basis of the dismissal was that the court lacked jurisdiction because the seizure of defendant was in violation of the Fourth Amendment of the United States Constitution and of Article 1, § 10, of the Minnesota Constitution...

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