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Opinions in Minnesota that cite Marben v. State, Department of Public Safety, 294 N.W.2d 697.

193 citing documents.

State v. Hjelmstad 535 N.W.2d 663 Minn. Ct. App. 1995
Safety, (citing e.g. Delaware v. Prouse, 440 U.S. 648 , 99 S.Ct.
State v. Hanson 501 N.W.2d 677 Minn. Ct. App. 1993
State v. Hanson 501 N.W.2d 677 Minn. Ct. App. 1993
State v. Hickman 491 N.W.2d 673 Minn. Ct. App. 1992
State v. Hickman 491 N.W.2d 673 Minn. Ct. App. 1992
State v. Pealer 488 N.W.2d 3 Minn. Ct. App. 1992
State v. Pealer 488 N.W.2d 3 Minn. Ct. App. 1992
State v. Johnson 444 N.W.2d 824 Minn. 1989
State v. Johnson 444 N.W.2d 824 Minn. 1989
In this case, the trooper did not base his decision to stop on “mere whim, caprice, or idle curiosity.” See Marben v. Minnesota Dep’t of Public Safety, (quoting People v. Ingle, 36 N.Y.2d 413, 420 , 369 N.Y.
Playle v. Commissioner of Public Safety 439 N.W.2d 747 Minn. Ct. App. 1989
Playle v. Commissioner of Public Safety 439 N.W.2d 747 Minn. Ct. App. 1989
Marben v. State, Department of Public Safety
Steele v. Commissioner of Public Safety 439 N.W.2d 427 Minn. Ct. App. 1989
Steele v. Commissioner of Public Safety 439 N.W.2d 427 Minn. Ct. App. 1989
Marben v. State, Department of Public Safety, see also Minn.Stat.
Klotz v. Commissioner of Public Safety 437 N.W.2d 663 Minn. Ct. App. 1989
Klotz v. Commissioner of Public Safety 437 N.W.2d 663 Minn. Ct. App. 1989
Marben v. State, Department of Public Safety, (citing People v. Ingle, 36 N.Y.2d 413, 420 , 369 N.Y.S.2d 67, 74 , 330 N.E.2d 39, 44 (1975)).
State v. Sorenson 430 N.W.2d 231 Minn. Ct. App. 1988
Schwartz v. Commissioner of Public Safety 422 N.W.2d 761 Minn. Ct. App. 1988
Schwartz v. Commissioner of Public Safety 422 N.W.2d 761 Minn. Ct. App. 1988
The stop must not be the product of “mere whim, caprice, or idle curiosity.” People v. Ingle, 36 N.Y.2d 413, 420 , 369 N.Y.S.2d 67, 74 , 330 N.E.2d 39, 44 (1975), quoted in Marben v. State, Department of Public Safety
City of Minnetonka v. Shepherd 420 N.W.2d 887 Minn. 1988
City of Minnetonka v. Shepherd 420 N.W.2d 887 Minn. 1988
Three of our cases are particularly relevant to this case: (a)The first, chronologically, is Marben v. State, Department of Public Safety
State v. Sanger 420 N.W.2d 241 Minn. Ct. App. 1988
State v. Sanger 420 N.W.2d 241 Minn. Ct. App. 1988
(quoting Terry v. Ohio, 392 U.S. 1, 21 , 88 S.Ct.
State v. Lipinski 419 N.W.2d 651 Minn. Ct. App. 1988
State v. Lipinski 419 N.W.2d 651 Minn. Ct. App. 1988
The court in Olson compared the facts presented there with those of Marben v. State, Department of Public Safety, the “leading Minnesota case.” Olson, d at 555 .
Holm v. Commissioner of Public Safety 416 N.W.2d 473 Minn. Ct. App. 1987
Holm v. Commissioner of Public Safety 416 N.W.2d 473 Minn. Ct. App. 1987
All that is required is that the stop not be the product of “mere whim, caprice, or idle curiosity.” People v. Ingle, 36 N.Y.2d 413, 420 , 369 N.Y.S.2d 67, 74 , 330 N.E.2d 39, 44 (1975)
Andersen v. Commissioner of Public Safety 410 N.W.2d 17 Minn. Ct. App. 1987
Andersen v. Commissioner of Public Safety 410 N.W.2d 17 Minn. Ct. App. 1987
Marben v. State, Department of Public Safety, Schlemme, d at 784 .
Norman v. Commissioner of Public Safety 409 N.W.2d 544 Minn. Ct. App. 1987
Norman v. Commissioner of Public Safety 409 N.W.2d 544 Minn. Ct. App. 1987
(“All that is required is that the stop be not the product of mere whim, caprice, or idle curiosity.”) (citing Terry v. Ohio, 392 U.S. 1, 21 , 88 S.Ct.
Vivier v. Commissioner of Public Safety 406 N.W.2d 587 Minn. Ct. App. 1987
Vivier v. Commissioner of Public Safety 406 N.W.2d 587 Minn. Ct. App. 1987
Marben v. State, Department of Public Safety
State v. Martin 406 N.W.2d 37 Minn. Ct. App. 1987
State v. Martin 406 N.W.2d 37 Minn. Ct. App. 1987
State v. Warren 404 N.W.2d 895 Minn. Ct. App. 1987
State v. Warren 404 N.W.2d 895 Minn. Ct. App. 1987
“Also, the factual basis for stopping a vehicle need not arise from the officer’s personal observation, but may be supplied by information acquired from another person.” Marben v. State, Department of Public Safety, (citations omitted).
State v. Stich 399 N.W.2d 198 Minn. Ct. App. 1987
State v. Stich 399 N.W.2d 198 Minn. Ct. App. 1987
(stop was proper when based on information from passing motorist that defendant had just driven through a red light); Marben v. State Department of Public Safety , (stop for tailgating that occurred a few minutes prior to stop upheld).
State v. Combs 398 N.W.2d 563 Minn. 1987
State v. Combs 398 N.W.2d 563 Minn. 1987
The Court of Appeals’ decision, on the one hand, recognizes that “[a]ll that is required is that the stop not be the product of mere whim, caprice, or idle curiosity”, see Marben v. State, Department of Public Safety, quoting People v. Ingle, 36 N.Y.2d 413, 420 , 369 N.Y.S.2d 67, 74 , 330 N.E.2d 39, 44 (1976), but then proceeds to hold in effect that the stop in this case was the product of whim, caprice or idle curiosity.
State v. Combs 394 N.W.2d 567 Minn. Ct. App. 1986
State v. Clark 394 N.W.2d 570 Minn. Ct. App. 1986
Johnson v. Commissioner of Public Safety 394 N.W.2d 614 Minn. Ct. App. 1986
State v. Clark 394 N.W.2d 570 Minn. Ct. App. 1986
ANALYSIS It is well-founded that a police officer must have a “specific and articulable suspicion of a violation before the stop will be justified.”
Johnson v. Commissioner of Public Safety 394 N.W.2d 614 Minn. Ct. App. 1986
Marben v. State, Department of Public Safety
State v. Combs 394 N.W.2d 567 Minn. Ct. App. 1986
67 , 74, 330 N.E.2d 39, 44 (1975) ( ).
State v. Davis 393 N.W.2d 179 Minn. 1986
State v. Davis 393 N.W.2d 179 Minn. 1986
was controlling and it distinguished Marben v. State, Department of Public Safety
Holstein v. Commissioner of Public Safety 392 N.W.2d 577 Minn. Ct. App. 1986
State v. Newgard 392 N.W.2d 27 Minn. Ct. App. 1986

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