STATE v. KLINE

No. C2-84-624.

351 N.W.2d 388 (1984)

STATE of Minnesota, Appellant, v. Christian Thorpe KLINE, Respondent.

Court of Appeals of Minnesota.

July 10, 1984.


Attorney(s) appearing for the Case

John R. Leitner, Aitkin County Atty., Aitkin, for appellant.

Steven E. Elias, Milavetz & Associates, Crystal, for respondent.

Considered and decided by WOZNIAK, P.J., and SEDGWICK and LESLIE, JJ., with oral argument waived.


OPINION

LESLIE, Judge.

On a motion by the defendant, the trial court suppressed evidence in this D.W.I. case. The trial court found that the defendant was not read a Miranda warning and that the officer had not seen the defendant in physical control of the vehicle, making the arrest illegal. We reverse and remand.

FACTS

On December 30, 1983, Aitkin County Deputy Sheriff Dale Gillson found a van stuck in the ditch with two wheels...

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