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STATE v. POWELL

No. C5-84-1184.

357 N.W.2d 146 (1984)

STATE of Minnesota, Appellant, v. Scott W. POWELL, Respondent.

Court of Appeals of Minnesota.

Review Denied January 15, 1985.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Michael E. Molenda, McMenomy, Sheldon, Dusich, Hansen & Molenda, Asst. Apple Valley City Atty., Rosemount, for appellant.

Dean S. Grau, St. Paul, for respondent.

Considered and decided by FORSBERG, P.J., and SEDGWICK and LANSING, JJ., with oral argument waived.

OPINION

LANSING, Judge.

The State appeals from an order dismissing gross misdemeanor and misdemeanor charges of driving while under the influence of alcohol on the ground that defendant was illegally arrested because the arresting officer's search exceeded the scope of consent to enter the home. We reverse and remand.

FACTS

In March 1984 at about 10 p.m. Apple Valley Police Officer Craig Anglin responded to a complaint of a vehicle stuck...

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