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STATE v. BERNARD

No. A13-1245.

844 N.W.2d 41 (2014)

STATE of Minnesota, Appellant, v. William Robert BERNARD, Jr., Respondent.

Court of Appeals of Minnesota.

March 17, 2014.

Attorney(s) appearing for the Case

Lori Swanson , Attorney General, St. Paul, MN; and James C. Backstrom , Dakota County Attorney, Tori K. Stewart , Assistant County Attorney, Karen L. Wangler , Assistant County Attorney, Hastings, MN, for respondent.

Steven T. Grimshaw , Minneapolis, MN,; and Jeffrey S. Sheridan , Strandemo, Sheridan & Dulas, P.A., Eagan, MN, for appellant.

Considered and decided by SMITH, Presiding Judge; ROSS, Judge; and RODENBERG, Judge.

OPINION

ROSS, Judge.

William Bernard was arrested for suspected drunk driving and refused to take a breath test requested by police under the state's implied consent law. The state charged Bernard with the crime of test refusal. The district court dismissed the charge, reasoning that the Constitution prohibits the state from criminalizing refusal to submit to a search that could not be compelled without a warrant. We reverse because the state may prosecute...

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