State v. Beers

Shekan, Justice.

Appeal by the State of Minnesota from an order of the District Court of Freeborn County granting defendant’s motion to dismiss an information on the ground that defendant was illegally arrested. The order is appealable. Minn. St. 632.11, subd. 1.

Defendant was arrested without a warrant by a deputy sheriff of Freeborn County on December 14, 1968. He was confined to *289the county jail and while there marijuana was discovered in his clothing. If the arrest was illegal, this evidence was obtained improperly.1

The arrest without a warrant was illegal unless at the time of the…