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STATE v. CHILDS

No. 47512.

269 N.W.2d 25 (1978)

STATE of Minnesota, Respondent, v. David Wayne CHILDS, Appellant.

Supreme Court of Minnesota.

July 7, 1978.

Attorney(s) appearing for the Case

Friedberg & Mauzy, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., Thomas L. Fabel, Deputy Atty. Gen., Richard G. Evans, Sp. Asst. Atty. Gen., St. Paul, Helen Hill Blanz, County Atty., Leif Nelson, Asst. County Atty., Grand Rapids, for respondent.

Heard before ROGOSHESKE, KELLY and TODD, JJ., and considered and decided by the court en banc.

PER CURIAM.

This case is before the court upon certification by the Itasca County District Court, pursuant to Rule 29.02, subd. 4, Rules of Criminal Procedure, posing as important and doubtful the question of whether the trial court's denial of a motion to suppress certain evidence was proper. The matter for decision is whether the defendant's arrest by an off-duty police officer was lawful under Minn.St. 629.366, the shoplifting arrest statute. We hold that it was...

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