State v. Ortiz

OPINION

AMUNDSON, Judge

On appeal from a pretrial order dismissing a first-degree assault count for lack of probable cause, the state argues that the district court erred by requiring the state to establish probable cause by evidence that would be admissible at trial and by rejecting the state’s theory that, under the circumstances, respondent’s use of his fists could constitute “deadly force.”

FACTS

On August 3, 2000, officers of the Albert Lea Police Department were dispatched to the jail area of the law enforcement center in Albert Lea (the jail) where an assault had allegedly occurred.…