Cited by
Opinions in Minnesota that cite State v. Florine, 226 N.W.2d 609.
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State of Minnesota, Respondent,
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, Respondent,
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, Respondent, Minn. Ct. App. 2026
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State of Minnesota, Respondent,
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, Respondent, Minn. Ct. App. 2026
- State of Minnesota, Respondent, Minn. Ct. App. 2026
- State of Minnesota, Respondent, Minn. Ct. App. 2026
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State of Minnesota, Respondent,
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, Respondent, Minn. Ct. App. 2025
- State of Minnesota, Respondent, Minn. Ct. App. 2025
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State of Minnesota, Respondent,
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, Respondent, Minn. Ct. App. 2025
- State of Minnesota, Respondent, Minn. Ct. App. 2025
- State of Minnesota, Respondent, Minn. Ct. App. 2025
- State of Minnesota, Respondent, Minn. Ct. App. 2025
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State of Minnesota, Respondent,
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, Respondent, Minn. Ct. App. 2025
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State of Minnesota, Respondent,
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, Respondent,
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, Respondent, Minn. Ct. App. 2025
- State of Minnesota, Respondent, Minn. Ct. App. 2025
- State of Minnesota, Respondent, Minn. Ct. App. 2025
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State of Minnesota, Respondent,
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, Respondent,
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, Respondent,
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, Appellant,
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, Respondent, Minn. Ct. App. 2024
- State of Minnesota, Respondent, Minn. Ct. App. 2024
- State of Minnesota, Respondent, Minn. Ct. App. 2024
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State of Minnesota, Respondent,
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
- A23-0239 State of Minnesota v. Ronald Eugene Brusacoram Minn. Ct. App. 2024
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A23-0239 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, Respondent, 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
- State of Minnesota v. Keevin Lashawn Hinton Minn. Ct. App. 2023
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State of Minnesota v. Keevin Lashawn Hinton
Minn. Ct. App. 2023
her (a) that law enforcement found the item in a location “under defendant’s exclusive control to which other people did not normally have access,” or (b) if law enforcement found the item in a location others could access, 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. Samuel James Lyons Minn. Ct. App. 2023