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STATE v. GROHOSKI

No. C5-86-587.

390 N.W.2d 348 (1986)

STATE of Minnesota, Appellant, v. Scott Edward GROHOSKI, Respondent.

Court of Appeals of Minnesota.

Review Denied August 27, 1986.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, State Atty. Gen., Michael E. Molenda, Apple Valley City Atty., Rosemount, for appellant.

Philip G. Villaume, St. Paul, for respondent.

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

OPINION

SEDGWICK, Judge.

The state appeals pursuant to Minn.R. Crim.P. 28.04, subd. 1(1) a trial court order suppressing evidence of respondent's breath test. The state contends the trial court erred in determining a police officer lacked probable cause to invoke the implied consent law. We reverse and remand for trial.

FACTS

At 12:30 a.m. on August 6, 1985 Apple Valley Police Sergeant Merle...

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