State v. Schmieg

OPINION

FOLEY, Judge.

Appeal by the state from an order by the County Court of Carver County, granting defendant-respondent’s pretrial motion to suppress an alleged incriminating statement made by the defendant (Schmieg) while Schmieg was in custody and during a telephone conversation which the Minnesota Implied Consent Law affords the defendant. Upon prosecution’s oral notice, a stay was granted to allow the state to appeal the pretrial order. The charge is DWI, a gross misdemeanor under Minn.Stat. § 169.121 (1983).

The trial court did not identify the basis for its order to suppress. The state…