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STATE v. KILMER

No. A06-2052.

741 N.W.2d 607 (2007)

STATE of Minnesota, Respondent, v. Justin Allen KILMER, Appellant.

Court of Appeals of Minnesota.

November 20, 2007.

Attorney(s) appearing for the Case

Lori Swanson, Attorney General, St. Paul, MN; and Ronald I. Galstad, Galstad, Jensen & McCann, P.A., East Grand Forks, MN, for respondent.

Thomas V. Omdahl, Omdahl Law Office, Grand Forks, ND, for appellant.

Considered and decided by WRIGHT, Presiding Judge; SHUMAKER, Judge; and STONEBURNER, Judge.

OPINION

SHUMAKER, Judge.

Justin Allen Kilmer appeals from a DWI conviction, arguing that because the arresting officer's only reason for stopping him was that he entered an intersection while the controlling traffic light was yellow, that officer lacked articulable suspicion of criminal activity justifying the stop. The district court held that Minnesota law prohibits drivers from entering an intersection when a traffic light is yellow, and on this basis...

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