State v. Carver

OPINION

HUSPENI, Judge.

Appellant State of Minnesota seeks reversal of the district court’s decision to dismiss the driving under the influence charges against respondent Charles Nelson Carver, III, for an illegal arrest stemming from an incident where respondent was stopped for petty misdemeanor speeding and placed in handcuffs before the arresting deputy noticed any indicia of intoxication. Because we conclude that: (1) respondent was under arrest at the time he was placed in handcuffs; (2) speeding and parking a vehicle diagonally are not sufficient indicia of intoxication to create probable…