Minnesota Court of Appeals, 1986

In re the Welfare of M.S.E.

Minnesota Court of Appeals · Decided June 17, 1986 · Foley, Leslie, Wozniak

389 N.W.2d 523; 1986 Minn. App. LEXIS 4451 (North Western Reporter, Second Series)

Counsel

Stefan A. Tolin, Minneapolis, for M.S.E., John Mac Gibbon, Sherburne Co. Atty., Kim E. Branded, Asst. Co. Atty., Elk River, for respondent.

Opinion of the Court

MEMORANDUM OPINION

The facts of this case are adequately stated in Edwards v. Commissioner of Public Safety, 381 N.W.2d 27 (Minn.Ct.App. 1986).

In Edwards, this court held that the arresting officer had probable cause to believe appellant was driving under the influence. Id. at 30. We affirm that decision.

We also held in Edwards that there was sufficient evidence to support the finding that appellant was driving under the influence. Id. We also affirm that decision.

Finally, appellant contends that his constitutional right against self-incrimination was violated when the officer asked him if he was driving without giving a Miranda warning. Such a contention is meritless. See State v. Herem, 384 N.W.2d 880 (Minn. 1986); State v. Kline, 351 N.W.2d 388 (Minn.Ct.App. 1984).

DECISION

The trial court is affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.