STATE OF MINNESOTA

IN COURT OF APPEALS

A07-785

State of Minnesota,

Appellant,

vs.

Joel Clyde Hussong,

Respondent.

Filed October 16, 2007

Reversed

Ross, Judge

Scott County District Court

File No. 70-CR-06-16803

Lori Swanson, Attorney General, 1800 Bremer Tower, 445 Minnesota Street, St. Paul, MN 55101-2134; and

Patrick J. Ciliberto, Scott County Attorney, Todd P. Zettler, Special Assistant County Attorney, 200 Fourth Avenue West, Shakopee, MN 55379 (for appellant)

Robert E. Oleisky, 250 Second Avenue South, Suite 225, Minneapolis, MN 55401 (for respondent)

Considered and decided by Kalitowski, Presiding Judge; Worke, Judge; and Ross, Judge.

S Y L L A B U S

A police officer who does not see a Type IV personal flotation device in plain sight after lawfully stopping an open watercraft has probable cause to believe that the watercraft