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PIOTROWSKI v. COMMISSIONER OF PUBLIC SAFETY

Nos. C6-88-1039, C0-88-1148.

453 N.W.2d 689 (1990)

William Mark PIOTROWSKI, Respondent, v. COMMISSIONER OF PUBLIC SAFETY, petitioner, Appellant. STATE of Minnesota, petitioner, Appellant, v. William Mark PIOTROWSKI, Respondent.

Supreme Court of Minnesota.

April 6, 1990.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., Nancy J. Bode, Asst. Atty. Gen., Joel A. Watne, Sp. Asst. Atty. Gen., State of Minnesota, Public Safety Div., St. Paul, and Teresa L. Joppa, Asst. City Atty., Moorhead, for appellant.

William Kirschner, Fargo, for respondent.

Dean S. Grau, Peter C. Mayrand, Gail Weber, Minnesota Society for Criminal Justice, Minneapolis, State of North Dakota, Nicholas J. Spaeth, Atty. Gen., Robert E. Lane, Asst. Atty. Gen., Bismarck, N.D., Mn. Society for Criminal Justice, Nichols, Kaster & Anderson, Minneapolis, amicus curiae.

Heard, considered and decided by the court en banc.

KEITH, Justice.

These consolidated appeals by the State of Minnesota and the Commissioner of Public Safety present issues concerning the authority of a Minnesota police officer to pursue a driver across the border into North Dakota after observing the driver commit a traffic offense in Minnesota in the officer's presence. In both the DWI prosecution under Minn.Stat. § 169.121 (1986) and the implied consent proceeding under section 169.123, the driver, William...

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