STATE v. HUSSONG

No. A07-785.

739 N.W.2d 922 (2007)

STATE of Minnesota, Appellant, v. Joel Clyde HUSSONG, Respondent.

Court of Appeals of Minnesota.

October 16, 2007.


Attorney(s) appearing for the Case

Lori Swanson, Attorney General, St. Paul, MN; and Patrick J. Ciliberto, Scott County Attorney, Todd P. Zettler, Special Assistant County Attorney, Shakopee, MN, for appellant.

Robert E. Oleisky, Minneapolis, MN, for respondent.

Considered and decided by KALITOWSKI, Presiding Judge; WORKE, Judge; and ROSS, Judge.


OPINION

ROSS, Judge.

The state appeals from a pretrial order suppressing evidence of a boater's intoxication in a boating-while-intoxicated prosecution. The district court held that a deputy who stopped Joel Hussong's boat for a moving violation did not have probable cause or reason to suspect any other offense until after the deputy initiated an unconstitutional safety-equipment inspection of the boat. Minnesota law requires all watercraft to carry an immediately...

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