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COSTILLO v. COMMISSIONER OF PUBLIC SAFETY

No. CX-87-577.

416 N.W.2d 730 (1987)

Edward COSTILLO, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, Petitioner, Appellant.

Supreme Court of Minnesota.

December 18, 1987.

Attorney(s) appearing for the Case

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

Robert H. Meier, Minneapolis, for respondent.

Considered and decided by the court en banc without oral argument.

OPINION

AMDAHL, Chief Justice.

This is an implied consent proceeding. The trial court sustained the revocation of the license of the driver, Edward Costillo, because Costillo failed an implied consent test. The court of appeals held (1) that the arrest of Costillo in the doorway of his home for leaving the scene of an accident was an illegal warrantless arrest for a misdemeanor not committed in the presence of the arresting officers, (2) that the officers...

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