Cited by
Opinions in Minnesota that cite State v. Bourke, 718 N.W.2d 922.
- State of Minnesota, Respondent, Minn. Ct. App. 2025
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
The reasonable-suspicion showing is “not high.” (quotation omitted).
- State of Minnesota, Respondent, vs. Eloisa Rubi Plancarte, Appellant Minn. 2025
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State of Minnesota, Respondent, vs. Eloisa Rubi Plancarte, Appellant
Minn. 2025
4 As we have explained before, we generally “avoid a constitutional ruling if there is another basis on which a case can be decided.” (citation omitted) (internal quotation marks omitted).
- State of Minnesota, Respondent, Minn. Ct. App. 2025
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State of Minnesota, Respondent,
Minn. Ct. App. 2024
The “reasonable suspicion” standard is “not high.” ().
- State of Minnesota, Respondent, Minn. Ct. App. 2024
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A23-0588
Minn. 2024
In our review of pre-trial motions to suppress, “we review the district court’s factual findings for clear error and its legal determinations de novo.” ().
- State of Minnesota v. Chaz Edwin Johnson Minn. Ct. App. 2024
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State of Minnesota v. Chaz Edwin Johnson
Minn. Ct. App. 2024
The reasonable suspicion standard is “not high.” (quotation omitted).
- Ken Martin v. Steve Simon, Minnesota Secretary of State, The Legal Marijuana Now Party, ... 6 N.W.3d 443 Minn. 2024
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Ken Martin v. Steve Simon, Minnesota Secretary of State, The Legal Marijuana Now Party, ...
6 N.W.3d 443
Minn. 2024
ions, challenges those findings and conclusions and also argues that “[t]he statutes at issue, Minn. Stat. § 202A.12, and the first two lines of § 202A.13, are unconstitutional.” Because constitutional issues have been raised, we are mindful of our “general practice,” which is “to avoid a constitutional ruling if there is another basis on which a case can be decided.” ( n.7 (Minn. 2003)) (internal quotation marks omitted).
- State of Minnesota v. Paul Xiong Minn. Ct. App. 2024
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State of Minnesota v. Paul Xiong
Minn. Ct. App. 2024
d 922, 927 (Minn. 2006).
- State of Minnesota v. Jennifer Marie Hansen Minn. Ct. App. 2024
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State of Minnesota v. Jennifer Marie Hansen
Minn. Ct. App. 2024
“[W]e give great deference to the issuing judge’s determination of probable cause for a search warrant,” including “whether a nighttime search warrant should be authorized under Minn. Stat. § 626.14.” - 28 (Minn. 2006) (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
The reasonable suspicion showing is “not high,” (quotation omitted), but requires more than an unarticulated “hunch,” (quotation omitted).
- State of Minnesota v. Sarah Jean Mona Dubinsky Minn. Ct. App. 2023
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State of Minnesota v. Sarah Jean Mona Dubinsky
Minn. Ct. App. 2023
The standard for reasonable suspicion is “not high,” requiring “something more than an unarticulated hunch, that the officer must 7 be able to point to something that objectively supports the suspicion at issue.” (quotations omitted).
- In the Matter of the Professional Engineer License of Charles Marohn. Minn. Ct. App. 2023
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Bunny Annette Byington,
Minn. 2022
(noting that “[o]ur general practice is to avoid a constitutional ruling if there is another basis on which a case can be decided” (alteration in original) ( n.7 (Minn. 2003))).
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
“[T]he reasonable suspicion showing ‘is not high.’” (quoting Richards v. Wisconsin, 520 U.S. 385, 394 (1997)).
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
The reasonable-articulable-suspicion standard is “not high.” (quotation omitted).
- State of Minnesota, Respondent, vs. Floyd Joseph Moen, Appellant. Minn. Ct. App. 2021
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State of Minnesota, Appellant,
Minn. Ct. App. 2021
Admissibility of out-of-court statements made during FAC interview “When reviewing pretrial orders on motions to suppress evidence, we independently review the facts and determine, as a matter of law, whether th e district court erred in its ruling.” State v. Bourke
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
The reasonable suspicion showing is “not high,” but requires more than an unarticulated “hunch,” d 390, 393 (Minn. 2008).
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
“When reviewing pretrial orders on a motion to suppress evidence, we independently review the facts and determine, as a matter of law, whether the district court erred in its ruling.” State v. Bourke , (citation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
“The district court’s factual findings are reviewed under the clearly erroneous standard.”
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Nicholas Roger Marczak, petitioner, Appellant,
Minn. Ct. App. 2021
The reasonable suspicion showing is “not high.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
In addition, the Minnesota Supreme Court has recognized that “the reasonable suspicion showing is ‘not high,’” State v. Bourke , (quoting Richards v. Wisconsin , 520 U.S. 385, 39 4, 117 S. Ct. 1416, 1422 (1997)), and requires “a minimal level of objective justification for making the stop,” Timberlake, d at 393 (quoting Wardlow, 528 U.S. at 123, 120 S. Ct. at 676).
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
“[T]he reasonable suspicion showing is ‘not high .’” State v. Bourke , (quoting Richards v. Wisconsin, 520 U.S. 385, 394, 117 S. Ct. 1416, 1422 (1997)).
- State of Minnesota, Respondent, Minn. Ct. App. 2021
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
“[T]he reasonable suspicion showing is ‘not high.’” (quoting Richards v. Wisconsin , 520 U.S. 385, 394 , 117 S. Ct. 1416, 1422 (1997)).
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
“[T]he reasonable suspicion standard ‘is not high.’” (quoting Richards v. Wisconsin, 520 U.S. 385, 394, 117 S. Ct. 1416 (1997)).
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
ighttime search outside those hours is necessary to prevent the loss, destruction, or removal of the objects of the search or to protect the searchers or the public.” To satisfy this requirement, “the application for the warrant must establish at least a reasonable suspicion that a nighttime search is necessary to preserve evidence or to protect officer or public s afety.” State v. Bourke
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
(noting general practice to avoid a constitutional ruling where a case can be decided on another basis).
- State of Minnesota, Respondent, Minn. Ct. App. 2020
- Minn. 2020
- State v. Harvey 932 N.W.2d 792 Minn. 2019
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State v. Harvey
932 N.W.2d 792
Minn. 2019
See State v. Bourke , , 926 (Minn. 2006) ("Our general practice is to avoid a constitutional ruling if there is another basis on which a case can be decided.") (citation omitted) (internal quotation marks omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
“[T]he reasonable suspicion showing is ‘not high.’” (quoting Richards v. Wisconsin , 520 U.S. 385, 394, 117 S. Ct. 1416, 1422 (1997)).
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
The reasonable-suspicion standard is “not high.” (quotation omitted).
- State of Minnesota, Respondent, Minn. Ct. App. 2018
- State of Minnesota, Respondent, Minn. Ct. App. 2018
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
“[T]he reasonable suspicion showing is ‘not high.’” (quoting Richards v. Wisconsin, 520 U.S. 385, 394, 117 S. Ct. 1416, 1422 (1997)).
- State of Minnesota, Respondent, Minn. Ct. App. 2018
- State of Minnesota, Respondent, Minn. Ct. App. 2018
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
State v. Bourke , d 922, 928 (Minn. 2006).
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
The reasonable, articulable suspicion standard is “not high.” d 922, 927 (Minn. 2006) (quotation o mitted); Magnuson v. Comm’r of Pub.
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Paul Robert Mix, petitioner, Appellant,
Minn. Ct. App. 2017
The reasonable, articulable suspicio n standard is “not high.” State v. Bourke , (quotation omitted); Magnuson v. Comm’r of Pub.