Cited by
Opinions in Minnesota that cite State v. Florine, 226 N.W.2d 609.
- State of Minnesota v. Kacey Emmanuel Kamara Minn. Ct. App. 2026
- State of Minnesota v. Lex Phaengdara Minn. Ct. App. 2026
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State of Minnesota v. Jimmy Alexander Gogoi
Minn. Ct. App. 2026
Actual possession means “actual or physical possession at the time of arrest.”
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State of Minnesota v. David Lee Kingbird
Minn. Ct. App. 2026
Constructive possession, in contrast, is established when there is a strong inference that the defendant “at one time physically possessed” the firearm and “did not abandon [their] possessory interest in the [item] but rather continued to exercise dominion and control over it up to the time of the arrest.”
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State of Minnesota v. Gerald Cortez Owens
Minn. Ct. App. 2026
Constructive possession may be established if the item is found “in a place under [the] defendant’s exclusive control to which other people [do] not normally have access.”
- State of Minnesota v. Joshua Gunnar Olson Minn. Ct. App. 2026
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State of Minnesota v. Barry Alan Klingelhoets
Minn. Ct. App. 2026
Constructive possession may be proved by showing that the item was found “in a place under [the ] defendant’s exclusive control to which other people did not normally have access.”
- State of Minnesota v. Nyapuot Dech Kuek Minn. Ct. App. 2026
- State of Minnesota v. Pierre Omar Combs Minn. Ct. App. 2026
- State of Minnesota v. Stephani Marie Boyum Minn. Ct. App. 2026
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State of Minnesota v. Edward Alexander Cox
Minn. Ct. App. 2026
when either (1) the contraband was found “in a place under [the] defendant’s exclusive control to which other people did not normally have access,” or (2) if the contraband was found “in a place to which others had access, there is a strong probability (inferable from other evidence) that [the] defendant was at the time consciously exercising dominion and control over it.” d 609, 611 (Minn. 1975).
- State of Minnesota v. Jim Duramax Whitcomb Minn. Ct. App. 2026
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State of Minnesota v. Jim Duramax Whitcomb
Minn. Ct. App. 2026
r defendant’s exclusive control to which other people did not normally have access,” or (2) that, if police found the contraband in a place where others had access, “there is a strong probability (inferable from other evidence) that defendant was at the time consciously exercising dominion and control over [the contraband].” State 16 v. Florine
- State of Minnesota v. Albert William Brown Minn. Ct. App. 2025
- State of Minnesota v. Jamaal Terrance Tanna Minn. Ct. App. 2025
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State of Minnesota v. James Michael Peters, III
Minn. Ct. App. 2025
“[T]o convict a defendant of unlawful possession of a controlled substance, the state must prove that defendant consciously possessed, either physically or constructively, the substance and that defendant had actual knowledge of the nature of the substance.” (discussing a n analogous, though since-repealed, statute governing unlawful drug possession).
- State of Minnesota v. Jerdale Lewis Grace Minn. Ct. App. 2025
- State of Minnesota v. Nicolle Renee Berg Minn. Ct. App. 2025
- State of Minnesota v. Kacey Emmanuel Kamara Minn. Ct. App. 2025
- State of Minnesota v. Calvin Cooliage Reavers Minn. Ct. App. 2025
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State of Minnesota v. Emanuel Joseph Mash Babineaux
Minn. Ct. App. 2025
requires proof that the defendant physically possessed the contraband on their person at the time of arrest, while constructive possession requires proof from which “the inference is strong that the defendant at one time physically possessed the [contraband ] and did not abandon his possessory interest in it but rather continued to exercise dominion and control over it.”
- State of Minnesota v. Lawrence Edward Walker McDowell Minn. Ct. App. 2025
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State of Minnesota v. Bee Yang
Minn. Ct. App. 2025
wing (1) it was in a place “under the defendant’s exclusive control to which other people normally did not have access,” or (2) it was in a place to which others had access but “there is a strong probability (inferable from other evidence) that at the time the defendant was consciously or knowingly exercising dominion and control over it.” Harris, d at 601 ().
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State of Minnesota v. Jimmie Dunlap, Jr.
Minn. Ct. App. 2025
but where the inference is strong that the defendant at one time physically possessed the [contraband] and did not abandon his possessory interest in [it].”
- State of Minnesota v. Nathaniel Mark Thompson Minn. Ct. App. 2025
- State of Minnesota v. Geraldo Torres Minn. Ct. App. 2025
- State of Minnesota v. Brandon Adam Potter Minn. Ct. App. 2025
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State of Minnesota v. Andre Antonio Walker Hansbrough
Minn. Ct. App. 2025
Constructive possession may be proved by showing that the item was found “in a place under [a] defendant’s exclusive control to which other people did not normally have access.” d 609, 611 (Minn. 1975).
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State of Minnesota v. Michael Daniel Keller
Minn. Ct. App. 2025
To establish constructive possession, the state must show either that the prohibited item was found (a) in an area under defendant’s exclusive control or (b) in an area to which “others had access, [but] there is a strong probability (inferable from other evidence) that defendant was at the time consciously exercising dominion and control over it.” State v. Florine
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State of Minnesota v. Shaketio Antonio Webster
Minn. Ct. App. 2024
In contrast, constructive possession occurs when “the inference is strong that the defendant at one time physically possessed the [item] and did not abandon [their] possessory interest in the [item] but rather continued to exercise dominion and control over it up to the time of arrest.”
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State of Minnesota v. Rashard Dujuan Ross
Minn. Ct. App. 2024
(stating that the constructive-possession doctrine applies when the state “cannot prove actual or physical possession at the time of arrest but .
- State of Minnesota v. James Jeffrey Bacon Minn. Ct. App. 2024
- State of Minnesota v. James Edward Jones, III Minn. Ct. App. 2024
- State of Minnesota v. Albert Lee Mahone, III Minn. Ct. App. 2024
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State of Minnesota v. Jerry Ray Apel
Minn. Ct. App. 2024
The Minnesota Supreme Court has held that the state may prove constructive possession of an object like a firearm by establishing that “there is a strong probability (inferable from other evidence) that defendant was at the time consciously exercising dominion and control over it.”
- State of Minnesota v. Matthew Starnes Minn. Ct. App. 2024
- State of Minnesota v. Matthew Starnes Minn. Ct. App. 2024
- State of Minnesota v. Justin Thomas Keodouangdy Minn. Ct. App. 2024
- State of Minnesota v. Justin Thomas Keodouangdy Minn. Ct. App. 2024
- State of Minnesota v. Ronald Eugene Brusacoram Minn. Ct. App. 2024
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State of Minnesota v. Ronald Eugene Brusacoram
Minn. Ct. App. 2024
r that the object was found “in a place under defendant’s exclusive control to which other people did not normally have access” or that it was found “in a place to which others had access” and “there is a strong probability (inferable from other evidence) that defendant was at the time consciously exercising dominion and control over it.” Salyers, d at 159 ().
- State of Minnesota v. Jeremy James Heller Minn. Ct. App. 2024
- State of Minnesota v. Ali Dayib Warsame Minn. Ct. App. 2024
- State of Minnesota v. Ali Dayib Warsame Minn. Ct. App. 2024
- State of Minnesota v. Raymond Allen Torgerson Minn. Ct. App. 2024
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State of Minnesota v. Raymond Allen Torgerson
Minn. Ct. App. 2024
See, (reading a knowledge requirement into possession-of -a- pistol-in-public statute); (reading a knowledge requirement into possession-of-a-knife-while-on-school-property statute); (reading a knowledge requirement into possession-of-a-controlled-substance statute).
- State of Minnesota v. Erick Martinez-Mondragon Minn. Ct. App. 2024
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State of Minnesota v. Erick Martinez-Mondragon
Minn. Ct. App. 2024
but where the inference is strong that the defendant at one time physically possessed the [contraband]” and “continued to exercise dominion and control over [the contraband].”
- State of Minnesota v. Terry Allen Stewart Minn. Ct. App. 2023
- State of Minnesota v. Terry Allen Stewart Minn. Ct. App. 2023