STATE v. OTHOUDT

No. CX-90-2145.

469 N.W.2d 321 (1991)

STATE of Minnesota, Appellant, v. Richard William OTHOUDT, Respondent.

Court of Appeals of Minnesota.

Review Granted June 19, 1991.


Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, John E. MacGibbon, Sherburne County Atty., Dean E. Emanuel, Asst. County Atty., Elk River, for appellant.

D. Sherwood McKinnis, Parker, Satrom, O'Neil, Lindberg & McKinnis, Cambridge, for respondent.

Considered and decided by HUSPENI, P.J., and RANDALL and DAVIES, JJ.


OPINION

RANDALL, Judge.

The trial court was not clearly and unequivocally wrong when it found appellant's warrantless in-home arrest invalid because the deputy sheriff lacked consent to proceed into respondent's home and up to his bedroom. We affirm.

FACTS

The law enforcement officer here, a deputy sheriff, was dispatched to the scene of a one vehicle accident. No one was present when he arrived. He deduced that a pickup truck had crossed...

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