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HOLSTEIN v. COMMISSIONER OF PUBLIC SAFETY

No. C9-86-611.

392 N.W.2d 577 (1986)

Linda Louise HOLSTEIN, petitioner, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Appellant.

Court of Appeals of Minnesota.

August 19, 1986.

Attorney(s) appearing for the Case

Donald H. Nichols, Minneapolis, for respondent.

Hubert H. Humphrey, III, Atty. Gen., Joel A. Watne, Sp. Asst. Atty. Gen., St. Paul, for appellant.

Heard, considered and decided by FOLEY, P.J., and HUSPENI and CRIPPEN, JJ.

OPINION

CRIPPEN, Judge.

The trial court applied a probable cause standard to assess the validity of a police stop leading to an arrest and alcohol testing. We reverse and remand for a determination using the proper standard. We also reverse the trial court's conclusion that the chemical testing was invalid.

FACTS

Officer James Dahl of the Minnetonka Police Department was on duty on the morning of December 21, 1985, when he began observing...

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