Cited by
Opinions in Minnesota that cite State v. Davis, 732 N.W.2d 173.
- State of Minnesota v. Gabino Otero Labra Minn. Ct. App. 2016
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State of Minnesota v. Gabino Otero Labra
Minn. Ct. App. 2016
Reasonable suspicion requires “something more than an unarticulated hunch”; “the officer must be able to point to something that objectively supports the suspicion at issue.” (quotation omitted); see also Terry, 392 U.S. at 21-22, 88 S. Ct. at 1880.
- State of Minnesota v. Stuart Donald Luhm 880 N.W.2d 606 Minn. Ct. App. 2016
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State of Minnesota v. Stuart Donald Luhm
880 N.W.2d 606
Minn. Ct. App. 2016
Two years later, the supreme court applied Carter to a dog sniff outside the door of an apartment in a common hallway of a multi-unit apartment building.
- Shannon Forstrom Walsh v. Commissioner of Public Safety Minn. Ct. App. 2016
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Shannon Forstrom Walsh v. Commissioner of Public Safety
Minn. Ct. App. 2016
The reasonable- suspicion standard is not high, but the suspicion must be “something more than an unarticulated hunch,” (quotation omitted), and more than an “inchoate and unparticularized suspicion,” (quotation omitted).
- State of Minnesota v. Charles ONeal Darby, Jr. Minn. Ct. App. 2016
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State of Minnesota v. Charles ONeal Darby, Jr.
Minn. Ct. App. 2016
Whether a reasonable, articulable suspicion exists is assessed in light 2 of the totality of the circumstances, and “seemingly innocent factors may weigh into the analysis.”
- State of Minnesota v. Ann Marie Hoyer Minn. Ct. App. 2016
- Jarrod Dwayne Miller v. State of Minnesota Minn. Ct. App. 2016
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Jarrod Dwayne Miller v. State of Minnesota
Minn. Ct. App. 2016
-83 (Minn. 2007); State v. Lindquist, 295 Minn. 398, 400, (“One who voluntarily comes forward and identifies [himself] is more likely to be telling the truth because [he] presumably knows that the police could arrest [him] for making a false report.”).
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State of Minnesota v. Ann Marie Hoyer
Minn. Ct. App. 2016
The reasonable- articulable-suspicion standard is not high, but the suspicion must be “something more than an unarticulated hunch,” (quotation omitted), and more than an “inchoate and unparticularized suspicion,” Timberlake, d at 393 (quotation omitted).
- State of Minnesota v. Tony Luke Fisher Minn. Ct. App. 2016
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State of Minnesota v. Tony Luke Fisher
Minn. Ct. App. 2016
Reasonable suspicion requires “something more than an unarticulated hunch”; “the officer must be able to point to something that objectively supports the suspicion at issue.” d 173, 182 (Minn. 2007) (quotation omitted); see also Terry, 392 U.S. at 21-22, 88 S. Ct. at 1880.
- State of Minnesota v. Joseph Scott Welch Minn. Ct. App. 2016
- State of Minnesota v. Shuly Marambo Minn. Ct. App. 2016
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State of Minnesota v. Shuly Marambo
Minn. Ct. App. 2016
The Terry standard requires “‘specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant the intrusion.’” (quoting Terry, 392 U.S. at 21, 88 S. Ct. at 1880).
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State of Minnesota v. Joseph Scott Welch
Minn. Ct. App. 2016
Whether a reasonable, articulable suspicion exists is assessed in light of the totality of the circumstances, and “seemingly innocent factors may weigh into the analysis.”
- State of Minnesota v. Sherman Peak Minn. Ct. App. 2016
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State of Minnesota v. Sherman Peak
Minn. Ct. App. 2016
The reasonable-suspicion standard is 8 not high, but the suspicion must be “something more than an unarticulated hunch,” (quotation omitted), and more than an “inchoate and unparticularized suspicion,” (quotation omitted).
- State of Minnesota v. Christopher Gary Zurek Minn. Ct. App. 2016
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State of Minnesota v. Christopher Gary Zurek
Minn. Ct. App. 2016
d 173, 182 (Minn. 2007).
- State of Minnesota v. Anthony Alan Early Minn. Ct. App. 2016
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State of Minnesota v. Anthony Alan Early
Minn. Ct. App. 2016
But “‘[w]e presume that tips from private citizen informants are reliable,’” especially “‘when informants give information about their identity so that the police can locate them if necessary.’” Timberlake, d at 394 (-83 (Minn. 2007)).
- State of Minnesota v. William Joseph Rurup Minn. Ct. App. 2015
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State of Minnesota v. William Joseph Rurup
Minn. Ct. App. 2015
Contrary to Rurup’s assertion that the state has the burden of proof, the “proponent of a motion to suppress has the burden of establishing that his own Fourth Amendment rights were violated by the challenged search or seizure.” Rakas v. Illinois, 439 U.S. 128, 130, 99 S. Ct. 421, 424 n.1 (1978); d 173, 178 (Minn. 2007) (explaining that the defendant had the burden of showing that a dog sniff occurring in a common hallway violated his Fourth Amendment rights); (explaining that a defendant must f
- State of Minnesota v. Curtis Leroy Johnson Minn. Ct. App. 2015
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State of Minnesota v. Curtis Leroy Johnson
Minn. Ct. App. 2015
The reasonable-suspicion standard is not high, but the suspicion must be “something more than an unarticulated hunch,” (quotation omitted), and more than an “inchoate and unparticularized suspicion,” Timberlake, d at 393 (quotation omitted).
- State of Minnesota v. Tavaires Higgins Minn. Ct. App. 2015
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State of Minnesota v. Tavaires Higgins
Minn. Ct. App. 2015
See Rakas v. Illinois, 439 U.S. 128, 130, 99 S. Ct. 421, 424 n.1 (1978) (“The proponent of a motion to suppress has the burden of establishing that his own Fourth Amendment rights were violated by the challenged search or seizure.”); (explaining that the defendant had the burden of showing that a dog sniff which occurred 4 in a common hallway violated his Fourth Amendment rights); (explaining that a defendant must first establish
- State of Minnesota v. Elliott Patrick Ketz Minn. Ct. App. 2015
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State of Minnesota v. Elliott Patrick Ketz
Minn. Ct. App. 2015
The reasonable-suspicion standard is not high, but the suspicion must be “something more than an unarticulated hunch.” (quotation omitted).
- State of Minnesota v. Maurice Antwan Hegwood Minn. Ct. App. 2015
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State of Minnesota v. Maurice Antwan Hegwood
Minn. Ct. App. 2015
The reasonable-suspicion standard is not high, but the suspicion must be “something more than an unarticulated hunch,” (quotation omitted), and more than an “inchoate and unparticularized suspicion,” Timberlake, d at 393 (quotation omitted).
- Justin Steven Luedke v. Commissioner of Public Safety Minn. Ct. App. 2015
- Justin Steven Luedke v. Commissioner of Public Safety Minn. Ct. App. 2015
- State of Minnesota v. Alondre Ramone Davis Minn. Ct. App. 2015
- State of Minnesota v. Melissa Jill Thompson Minn. Ct. App. 2015
- State of Minnesota v. Melissa Jill Thompson Minn. Ct. App. 2015
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State of Minnesota v. Alondre Ramone Davis
Minn. Ct. App. 2015
(concluding that an officer must have reasonable articulable suspicion that a suspect is engaged in illegal activity to justify a warrantless dog sniff in a common hallway).
- State of Minnesota v. Stephen Charles Iepson Minn. Ct. App. 2015
- State of Minnesota v. Stephen Charles Iepson Minn. Ct. App. 2015
- State of Minnesota v. Stephanie Evon Glover Minn. Ct. App. 2015
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State of Minnesota v. Stephanie Evon Glover
Minn. Ct. App. 2015
The reasonable-suspicion standard is not high, but the suspicion must be “something more than an unarticulated hunch,” (quotation omitted), and more than an “inchoate and unparticularized suspicion,” Timberlake, d at 393 (quotation omitted).
- State of Minnesota v. David Ford McMurray 860 N.W.2d 686 Minn. 2015
- State of Minnesota v. Deandre Dynell Burges Minn. Ct. App. 2015
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State of Minnesota v. Deandre Dynell Burges
Minn. Ct. App. 2015
“Reasonable suspicion must be based on specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant that intrusion.” (quotation omitted).
- State of Minnesota v. Miguel Angel Martinez-Duran Minn. Ct. App. 2015
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State of Minnesota v. Miguel Angel Martinez-Duran
Minn. Ct. App. 2015
“The Minnesota Constitution protects citizens against unreasonable government intrusions upon areas where there is a legitimate expectation of privacy.”
- State of Minnesota v. Yee Leng Vue Minn. Ct. App. 2015