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STATE v. SPEAK

No. C7-83-804.

339 N.W.2d 741 (1983)

STATE of Minnesota, Appellant, v. Jerry Thomas SPEAK, Respondent.

Supreme Court of Minnesota.

Rehearing Denied December 8, 1983.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Tom Foley, Ramsey Co. Atty., Stephen DeCoster, Asst. Ramsey Co. Atty., St. Paul, for appellant.

Samuel A. McCloud, Minneapolis, for respondent.

Hubert H. Humphrey, Atty. Gen., Linda F. Close, James B. Early, Sp. Asst. Attys. Gen., St. Paul, amicus curiae, for Commissioner of Public Safety.

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

SCOTT, Justice.

This is a pretrial appeal by the state, pursuant to Minn.R.Crim.P. 29.03, from an order of the district court suppressing the results of a breathalyzer test on Fourth Amendment grounds in a prosecution of defendant for criminal negligence resulting in death, Minn.Stat. § 609.21 (1982).1

At 2:40 p.m. on October 8, 1982, St. Paul police were called to the scene of a motor vehicle-pedestrian accident at Highland...

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