State v. Tilleskjor

Facing an issue not previously addressed by Minnesota’s appellate courts, the trial court suppressed the statute’s Intoxilyzer evidence. This holding depends on a constrained reading of authorities that should lead to another result.

Officer Dennis Hanson had the power to act as a private citizen when making an arrest outside the City of Litchfield. State v. Filipi, 297 N.W.2d 275, 278 (Minn.1980). A private person may make an arrest for a public offense committed in his or her presence. Minn.Stat. § 629.37 (1990). It is dis-positive in this case to determine whether a police officer acting as…