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STATE v. HORNER

No. C5-99-1027.

617 N.W.2d 789 (2000)

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

Supreme Court of Minnesota.

October 12, 2000.

Attorney(s) appearing for the Case

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

Marc S. Berris, David G. Roston, Segal, Roston & Berris, PLLP, Minneapolis, for respondent.

Amy Klobuchar, Hennepin County Attorney, Karla F. Hancock, Sr. Assistant County Attorney, Minneapolis, Bonnie LaBatt, Mothers Against Drunk Driving, St. Paul, for amici curiae.

Heard, considered, and decided by the court en banc.

OPINION

BLATZ, Chief Justice.

The state brings this appeal of the district court's pretrial order to suppress evidence of intoxication and dismiss operating a watercraft while under the influence charges. The state argues that special deputies of the Hennepin County Sheriff's Department, Water Patrol, have authority to investigate the charges as peace officers or as private citizens, and thus their investigation of respondent was authorized and the evidence...

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