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STATE v. BERGER

No. C8-87-738.

412 N.W.2d 16 (1987)

STATE of Minnesota, Appellant, v. Richard M. BERGER, Respondent.

Court of Appeals of Minnesota.

September 15, 1987.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Susan L. Estill, Krass & Monroe Chartered, Shakopee, for appellant.

Steve L. Bergeson, Bergeson, Kerr, Lander & McDonald, Jordan, for respondent.

Considered and decided by POPOVICH, C.J., and WOZNIAK and NIERENGARTEN, JJ., with oral argument waived.

OPINION

POPOVICH, Chief Judge.

The State of Minnesota appeals from a pretrial order dismissing DWI and open bottle charges against respondent. The trial court found the investigative stop was not legally justified because the officer stopped respondent's vehicle as part of a burglary investigation and failed to articulate specific and particularized facts for suspecting respondent's vehicle was involved in a burglary. Appellant characterizes the dismissal...

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