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STATE v. AGUIRRE

No. 51206.

295 N.W.2d 79 (1980)

STATE of Minnesota, Appellant, v. Peter AGUIRRE, Jr., Respondent.

Supreme Court of Minnesota.

July 3, 1980.

Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., St. Paul, Robert F. Carolan, County Atty., and Mark Nathan Lystig, Asst., Hastings, for appellant.

Victor Anderson, St. Paul, for respondent.

Considered and decided by the court en banc without oral argument.

SHERAN, Chief Justice.

This is a pretrial appeal by the state from an order of the district court which suppressed blood test results in a prosecution of defendant for driving while under the influence of alcohol, driving with blood alcohol in excess of .10% by weight, and careless driving and dismissed the prosecution for driving with blood alcohol in excess of .10% by weight.1 The issue on appeal is this: when an officer — without...

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