In re Timothy Leslie, Dakota County Sheriff, State of Minnesota v. John David Emerson

OPINION

LILLEHAUG, Justice.

On January 14, 2016, the Dakota County Attorney, on behalf of the State of Minnesota, charged Respondent John David Emerson with second-degree assault with a dangerous weapon. See Minn. Stat. § 609.222, subd. 1 (2016). The district court found there was probable cause for the charge and Emerson was arrested. At Emerson’s first appearance, and upon his counsel’s oral motion, the district court issued an oral order restraining Timothy Leslie, the Dakota County Sheriff (the Sheriff), from collecting Emerson’s deoxy-ribonucleic acid (DNA) for law enforcement…