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STATE v. HORNER

No. C5-99-1027.

605 N.W.2d 405 (2000)

STATE of Minnesota, LAKE MINNETONKA CONSERVATION DISTRICT, Appellant, v. Lynn Edward HORNER, Respondent.

Court of Appeals of Minnesota.

Review Granted March 28, 2000.

Attorney(s) appearing for the Case

Steven M. Tallen, Tallen & Baertschi, Minneapolis, for appellant.

Marc S. Berris, Minneapolis, for respondent.

Considered and decided by RANDALL, Presiding Judge, KLAPHAKE, Judge, and PETERSON, Judge.

OPINION

PETERSON, Judge.

In this pretrial appeal from an order suppressing evidence and dismissing all charges against respondent Lynn Edward Horner, the state argues that the trial court erred by concluding that the special deputies who arrested Horner were not peace officers with authority to make an investigative stop. The prosecutor also argues that even if the special deputies were not peace officers, their citizen's arrest authority permitted them...

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