State v. Childs

This case is before the court upon certification by the Itasca County District Court, pursuant to Rule 29.02, subd. 4, Rules of Criminal Procedure, posing as important and doubtful the question of whether the trial court’s denial of a motion to suppress certain evidence was proper. The matter for decision is whether the defendant’s arrest by an off-duty police officer was lawful under Minn.St. 629.366, the shoplifting arrest statute. We hold that it was and remand for further proceedings.

The facts disclose that on October 28, 1976, Officer William Litchke, a police officer for the city of…