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STATE v. PAUL

No. C2-94-2469.

536 N.W.2d 649 (1995)

STATE of Minnesota, Respondent, v. Peter Dean PAUL, Appellant.

Court of Appeals of Minnesota.

Review Granted October 27, 1995.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Lisa A. Skoog, Patrick Ciliberto, Scott Joint Prosecution Ass'n, Shakopee, Steven L. Bergeson, Jordan City Atty., Jordan, for respondent.

Richard L. Swanson, Chaska, for appellant.

Considered and decided by NORTON, P.J., and HUSPENI and FOLEY, JJ.

OPINION

NORTON, Judge.

This case arises from the warrantless entry into appellant Peter Dean Paul's home to arrest him for driving while under the influence of alcohol. After an Omnibus hearing, the trial court found that the warrantless entry and arrest did not violate the Fourth Amendment to the United States Constitution or article I of the Minnesota Constitution, because the crime was committed in the officer's presence. Paul then waived his right to...

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