State v. Wellman

OPINION

LANSING, Judge.

This is an appeal by the State of Minnesota pursuant to Minn.R.Crim.P. 28.04 challenging a pretrial order of the Dakota County Court. The order dismissed charges against respondent for driving while under the influence of alcohol in violation of Minn.Stat. § 169.121 (1982) on the ground that the peace officer lacked probable cause to stop respondent’s automobile. We remand for further findings. -

FACTS

Burnsville Police Officer Bryant Bonne-ma was the only witness at the omnibus hearing. He testified that on October 23, 1983, at 3:00 a.m. while traveling south on Kennedy…