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STATE OF MINNESOTA IN COURT OF APPEALS A07-0597 State of Minnesota, Respondent, vs. Keith Allen Hooks, Appellant. Filed July 1, 2008 Affirmed Ross, Judge Ramsey County District Court File No. K0-05-3693 Lori Swanson, Attorney General, 1800 Bremer Tower, 445 Minnesota Street, St. Paul, MN 55101-2134; and Susan Gaertner, Ramsey County Attorney, Mark Nathan Lystig, Assistant County Attorney, 50 West Kellogg Boulevard, Suite 315, St. Paul, MN 55102 (for respondent) Lawrence Hammerling, Chief Appellate Public Defender, Marie Wolf, Assistant Public Defender, 540 Fairview Avenue North, Suite 300, St. Paul, MN 55104 (for appellant)

Considered and decided by Ross, Presiding Judge; Connolly, Judge; and Harten, Judge. SYLLABUS I. An undercover police officer's independent selecting and viewing of a single driver's license photograph to identify a suspect whom the officer observed commit a crime does not constitute an impermissibly suggestive photographic lineup procedure in violation of the suspect's constitutional due process rights.

Retired judge of the Minnesota Court of Appeals, serving by appointment pursuant to Minn. Const. art. VI,

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Minnesota Law