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STATE v. PETRICK

No. C5-94-408.

527 N.W.2d 87 (1995)

STATE of Minnesota, Appellant, v. Daniel Thomas PETRICK, Respondent.

Supreme Court of Minnesota.

Rehearing Denied March 1, 1995.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Atty. Gen., and Paul T. Ostrow, St. Paul, for appellant.

Richard S. Eskola, Fridley, for respondent.

Considered and decided by the court en bane without oral argument.

OPINION

ANDERSON, Justice.

This is a gross misdemeanor prosecution for aggravated driving under the influence and for three misdemeanor charges for driving under the influence. The court of appeals, in an unpublished 2-1 decision, affirmed the district court's pretrial order suppressing evidence on Fourth Amendment grounds and dismissing the complaint. In affirming the district court, the court of appeals reasoned that a Fourth Amendment "seizure" (or "stop...

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