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A10-1913, Kim Marie Ellingson, petitioner, Appellant, vs. Commissioner of Public Safety, Respondent.
State: Minnesota
Court: Court of Appeals
Docket No: A10-1913
Case Date: 06/28/2011
Preview:STATE OF MINNESOTA IN COURT OF APPEALS A10-1913 Kim Marie Ellingson, petitioner, Appellant, vs. Commissioner of Public Safety, Respondent. Filed June 27, 2011 Affirmed Kalitowski, Judge Rice County District Court File No. 66-CV-10-742 Samuel A. McCloud, Carson J. Heefner, McCloud & Heefner, P.A., Lindstrom, Minnesota (for appellant) Lori Swanson, Attorney General, Melissa Eberhart, Assistant Attorney General, St. Paul, Minnesota (for respondent) Considered and decided by Kalitowski, Presiding Judge; Hudson, Judge; and Collins, Judge.* SYLLABUS Because the body's natural processes cause the alcohol concentration of urine to change rapidly over time, exigent circumstances justify the warrantless collection of a urine sample from a person arrested for driving while impaired.

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Retired judge of the district court, serving as judge of the Minnesota Court of Appeals by appointment pursuant to Minn. Const. art. VI,
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