State v. Underdahl, 767 N.W.2d 677 (Minn. 2009)

Key Insight: Abuse of discretion for district court to order discovery of source code of Intoxilyzer 500EN absent presentation of evidence on how source code may relate to guilt or innocence; no abuse of discretion for finding that source code was in ?possession or control? of state where state?s response to relevant request for proposal when replacing the previous breath test instrument asserted ownership of copyrighted material (i.e., portions of the source code, as discussed by the court)

Nature of Case: Driving under the influence

Electronic Data Involved: Source code

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