State v. Tilleskjor

SIMONETT, Justice.

We granted the petition of the state for review of a 2-1 decision of the court of appeals affirming an order of the district court suppressing breath test results in a DWI prosecution. The court of appeals held that the stop which led to the arrest of the defendant and the taking of the breath test was unlawful because the police officer who stopped defendant was outside his jurisdiction. State v. Tilleskjor, 488 N.W.2d 327 (Minn.App.1992). We hold that the officer’s conduct was authorized by Minn.Stat. § 629.40 and, accordingly, we reverse the decision of the court of…