State, Lake Minnetonka Conservation District v. Horner
Court of Appeals of Minnesota
1Opinion of the Court
OPINION
PETERSON, Judge.
In this pretrial appeal from an order suppressing evidence and dismissing all charges against respondent Lynn Edward Horner, the state argues that the trial court erred by concluding that the special deputies who arrested Horner were not peace officers with authority to make an investigative stop. The prosecutor also argues that even if the special deputies were not peace officers, their citizen’s arrest authority permitted them to detain Horner to determine whether he was under the influence of alcohol. We affirm in part, reverse in part and remand.
FACTS
Early in the…
2Cases cited8 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- State v. WebberSupreme Court of Minnesota · 1977
- State v. OthoudtSupreme Court of Minnesota · 1992
- Sorenson v. St. Paul Ramsey Medical CenterSupreme Court of Minnesota · 1990
- Garske v. United StatesCourt of Appeals for the Eighth Circuit · 1924
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3Cited by3 opinions
- State, Lake Minnetonka Conservation District v. HornerSupreme Court of Minnesota · 2000
- Op. Atty. Gen. 3a; 390a6, Minnesota Attorney General Reports2025
- State, Lake Minnetonka Conservation District v. HornerSupreme Court of Minnesota · 2000