State v. Berger

OPINION

POPOVICH, Chief Judge.

The State of Minnesota appeals from a pretrial order dismissing DWI and open bottle charges against respondent. The trial court found the investigative stop was not legally justified because the officer stopped respondent’s vehicle as part of a burglary investigation and failed to articulate specific and particularized facts for suspecting respondent’s vehicle was involved in a burglary. Appellant characterizes the dismissal as one for lack of probable cause to stop respondent for the offense charged and claims (1) the pretrial order is appealable because it…