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STATE v. WELLMAN

No. C7-84-943.

355 N.W.2d 331 (1984)

STATE of Minnesota, Appellant, v. James Thoms WELLMAN, Respondent.

Court of Appeals of Minnesota.

October 2, 1984.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, David L. Harmeyer, Burnsville City Atty., Grannis, Campbell, Farrell & Knutson, P.A., South St. Paul, for appellant.

Michael V. Sovis, Alton, Severson, Sovis, Groves & Chezick, P.A., Apple Valley, for respondent.

Considered and decided by POPOVICH, C.J., and SEDGWICK and LANSING, JJ., with oral argument waived.

OPINION

LANSING, Judge.

This is an appeal by the State of Minnesota pursuant to Minn.R.Crim.P. 28.04 challenging a pretrial order of the Dakota County Court. The order dismissed charges against respondent for driving while under the influence of alcohol in violation of Minn.Stat. § 169.121 (1982) on the ground that the peace officer lacked probable cause to stop respondent's automobile. We remand for further findings.

FACTS

Burnsville...

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