Cited by
Opinions in Minnesota that cite State v. Burbach, 706 N.W.2d 484.
- State of Minnesota v. Rory Lee Sisco Minn. Ct. App. 2026
- State of Minnesota v. Raenard Romalle Douglas Minn. 2025
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State of Minnesota v. Raenard Romalle Douglas
Minn. 2025
For example, we held that the odor of alcohol emanating from a vehicle is not a per se justification for law enforcement to search a vehicle for open containers of alcohol.
- State of Minnesota v. Donte Marquez Henry Minn. Ct. App. 2025
- State of Minnesota v. Phoenixx Paislee Raverty Minn. Ct. App. 2025
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State of Minnesota v. Jacquelin Carreno
Minn. Ct. App. 2025
The test for appropriateness, in turn, is based on a “balancing of the government’s need to search or seize and the individual’s right to personal security free from arbitrary interference by law officers.” (quotation omitted); d 379, 384 (Minn. 2003).
- State of Minnesota v. Matthew Sam Mitchell Minn. Ct. App. 2025
- State of Minnesota, Respondent, vs. Noel Cortez, Appellant Minn. Ct. App. 2025
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State of Minnesota v. Matthew Sam Mitchell
Minn. Ct. App. 2025
-91 (Minn. 2005) (holding that “a [person’s] nervous behavior .
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State of Minnesota, Respondent, vs. Noel Cortez, Appellant
Minn. Ct. App. 2025
d 697, 702-03 (Minn. 2024) (stating that, “[w]here appropriate, the totality of the circumstances may be analyzed by looking first to each identified fact supporting reasonable suspicion independently and then considering whether those facts, even if independently weak, are sufficient in the aggregate”); -91 (Minn. 2005) (concluding that police did not have reasonable suspicion of drug possession justifying a search of appellant’s vehicle and stating that “[e]ach of these factors is weak evidenc
- State of Minnesota v. Abdirizak Bashir Barre Minn. Ct. App. 2025
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Distinguished
State of Minnesota v. Roland Ybarra
Minn. Ct. App. 2025
Second, in State v. Burbach —on which the Torgerson court relied —the court concluded that “an officer’s detection of the odor of alcohol coming from an adult passenger during a traffic stop does not, by itself , provide a reasonable, articulable suspicion of an open-container violation sufficient to permit an officer to expand the traffic stop by requesting to search the vehicle.” (emphasis added).
- State of Minnesota v. J’Shaon Rashi Stevenson Minn. Ct. App. 2025
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State of Minnesota v. Dominic Allan Babineau
Minn. Ct. App. 2025
But the scope of an investigatory vehicle stop “must be limited to the justification for the stop.” (quotation omitted).
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State of Minnesota v. Joseph Benjamin Stuckey
Minn. Ct. App. 2025
at 168-69 (quoting Lester, d at 771), that must be particularized and individualized to the suspect
- State of Minnesota v. Sage Stone Carlson Minn. Ct. App. 2025
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State of Minnesota v. Emilio Andres Trevino
Minn. Ct. App. 2024
Each of those circumstances, by itself, is “weak evidence of drug possession.”
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State of Minnesota v. Jontrail Wesley Dawson
Minn. Ct. App. 2024
“When evaluating tips, courts are to make a practical, common-sense decision whether, given all the circumstances including the veracity and basis of knowledge of persons supplying hearsay information, there is a fair probability that contraband or evidence of a crime will be found in a particular place.” (quotation omitted).
- State of Minnesota v. Jesse Travis White Minn. Ct. App. 2024
- State of Minnesota v. Jeron Garding Minn. 2024
- State of Minnesota v. Jeron Garding Minn. 2024
- Gordon William Griebenow v. Commissioner of Public Safety (A23-1649), and State of Minnesota (A24-0006), vs. Gordon William Griebenow Minn. Ct. App. 2024
- State of Minnesota v. Dakota Lynn Cary Minn. Ct. App. 2024
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State of Minnesota v. Jason Michael Randall
Minn. Ct. App. 2024
at 487-88 (considering the relevance and significance of the objective facts independently before considering them in totality); -91 (Minn. 2005) (concluding that police did not have reasonable suspicion of drug possession justifying a search of appellant’s vehicle and stating that “[e]ach of these factors is weak evidence of drug possession, and they are also weak in the aggregate”).
- State of Minnesota v. Marco Deangulus Austin Minn. Ct. App. 2024
- State of Minnesota v. Wilford John Boyd Minn. Ct. App. 2024
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State of Minnesota v. Wilford John Boyd
Minn. Ct. App. 2024
at 487-88 (considering the relevance and significance of the objective facts independently before considering them in totality); -91 (Minn. 2005) (concluding that police did not have reasonable suspicion of controlled-substance possession justifying a search of appellant’s vehicle and stating that “[e]ach of these factors is weak evidence of drug possession, and they are also weak in the aggregate”).
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State of Minnesota v. Marco Deangulus Austin
Minn. Ct. App. 2024
On appeal, appellant alleges that the evidence to support the search of his vehicle was insufficient and should have been suppressed.1 DECISION This court “undertake[s] a de novo review to determine whether a search or seizure is justified by reasonable suspicion or by probable cause.” d 484, 487 (Minn. 2005) (citation omitted).
- State of Minnesota v. Drew Douglas Wiskow Davis Minn. Ct. App. 2024
- State of Minnesota v. Drew Douglas Wiskow Davis Minn. Ct. App. 2024
- State of Minnesota v. David Wokeph Natee Minn. Ct. App. 2024
- State of Minnesota v. David Wokeph Natee Minn. Ct. App. 2024
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State of Minnesota v. Jeremy James Heller
Minn. Ct. App. 2024
at 168-69 (), that must be particularized and individualized to the suspect
- State of Minnesota v. Tyrone Deshawn Williams Minn. Ct. App. 2023
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State of Minnesota,
Minn. 2023
6 odor of marijuana, neither officer observed any indicia of impairment, and neither officer saw any contraband or substances in plain view.2 The district court explained that Minnesota case law does not permit vehicle searches solely because adult passengers smell like alcohol, and analogized that the same analysis should apply to the odor of marijuana, given that possession of a certain amount of marijuana is a non-criminal petty misdemeanor, see Minn. Stat. §§ 152.027, subd.
- State of Minnesota v. Jeron Garding Minn. Ct. App. 2023
- State of Minnesota v. Jose Alarcon Minn. Ct. App. 2023
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State of Minnesota v. Nicole Amber Klevgaard
Minn. Ct. App. 2023
When the facts are undisputed, “our review is entirely de novo.”
- State of Minnesota v. Luis A.M. Rodriguez Minn. Ct. App. 2023
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State of Minnesota v. Clyde Lee Reyes, Jr.
Minn. Ct. App. 2023
In making this argument, which held that nervous behavior is not enough to support a reasonable, articulable suspicion of criminal activity.
- State of Minnesota v. David Wokeph Natee Minn. Ct. App. 2023
- State of Minnesota v. Rebecca Julie Malecha Minn. Ct. App. 2023
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State of Minnesota v. Anthony Wayne LaPointe
Minn. Ct. App. 2023
1 -91 (Minn. 2005) ( holding that Burbach’s nervous behavior, an unsubstantiated tip that the vehicle Burbach was driving was involved in transporting cocaine, and speeding did not establish reasonable, articulable suspicion of drug-related activity to justify the expansion of the traffic stop to request a vehic
- State of Minnesota v. Ronald Anthony Falk Minn. Ct. App. 2022
- State of Minnesota v. Kayla Catelyn Waltz Minn. Ct. App. 2022
- Minn. 2021
- State of Minnesota v. Thomas Eric Walbridge Minn. Ct. App. 2021
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R e s p o n d e n t ,
Minn. 2021
In par ticular, under Article I, Section 10, of the Minnesota Constitution, “the sc ope and duration of a traffic stop investigation must be limited to the justification for the stop.”
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State of Minnesota v. Koulton Ugene Robinson
Minn. Ct. App. 2021
State v. Burbach , (determining that defendant’s demeanor, “which was nervous, fidgety, and talkative in a way that the o fficer found more extreme than usual” did not contribute to a finding of reasonable suspicion); Syhavong, d at 282 (noting that a defendant’s nervousness “must be coupled with other par
- Nicholas Roger Marczak v. Commissioner of Public Safety Minn. Ct. App. 2021