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STATE OF MINNESOTA IN COURT OF APPEALS A09-1025 Daniel Stephen Mycka, Appellant, vs. 2003 GMC Envoy, MN Plate RPG535, VIN 1GKDT13S432414651, Respondent. Filed June 15, 2010 Reversed Johnson, Judge Anoka County District Court File No. 02-CV-08-4912

Samuel A. McCloud, Carson J. Heefner, McCloud & Heefner, P.A., Shakopee, Minnesota (for appellant) Carl J. Newquist, Sarah M. Kimball, Newquist & Herrick Law Offices, P.C., Fridley, Minnesota (for respondent)

Considered and decided by Johnson, Presiding Judge; Hudson, Judge; and Connolly, Judge. SYLLABUS The city did not seize appellants vehicle "incident to a lawful arrest," as that phrase is used in Minn. Stat.

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