CARLIN v. COMMISSIONER OF PUBLIC SAFETY

No. C7-87-939.

413 N.W.2d 249 (1987)

Jeffrey Paul CARLIN, petitioner, Appellant, v. COMMISSIONER OF PUBLIC SAFETY, Respondent.

Court of Appeals of Minnesota.

October 6, 1987.


Attorney(s) appearing for the Case

James Beuning, Mahnomen, for appellant.

Hubert H. Humphrey, III, Atty. Gen., Kenneth H. Bayliss, III, Sp. Asst. Atty. Gen., St. Paul, for respondent.

Considered and decided by NORTON, P.J., Mulally and LOMMEN, JJ., with oral argument waived.


OPINION

MULALLY, Judge.

Appellant Jeffrey Paul Carlin was arrested for driving while under the influence and his license was revoked pursuant to the implied consent law. Appellant petitioned for judicial review, and the trial court sustained the revocation. He now appeals, contending that the police officer made an illegal nonconsensual entry into his home.

FACTS

On December 29, 1986, between 10:30 p.m. and 10:45 p.m., Chad Strom came upon...

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