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STATE v. CARVER

No. C4-97-1807.

577 N.W.2d 245 (1998)

STATE of Minnesota, Appellant, v. Charles Nelson CARVER, III, Respondent.

Court of Appeals of Minnesota.

April 14, 1998.

Attorney(s) appearing for the Case

Boyd Beccue, Kandiyohi County Attorney, Jennifer K. Fischer, Asst. County Attorney, Willmar, for appellant.

John E. Mack, Mack & Daby, New London, for respondent.

Considered and decided by SCHUMACHER, P.J., and HUSPENI and SHUMAKER, JJ.

OPINION

HUSPENI, Judge.

Appellant State of Minnesota seeks reversal of the district court's decision to dismiss the driving under the influence charges against respondent Charles Nelson Carver, III, for an illegal arrest stemming from an incident where respondent was stopped for petty misdemeanor speeding and placed in handcuffs before the arresting deputy noticed any indicia of intoxication. Because we conclude that: (1) respondent was under arrest at the...

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