Cited by
Opinions in Minnesota that cite State v. Diede, 795 N.W.2d 836.
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State of Minnesota v. Jeron Garding
Minn. Ct. App. 2023
“Reasonable suspicion must be based on specific, articulable facts that allow the officer to be able to articulate at the omnibus hearing that he or she had a particularized and objective basis for suspecting [a] person of criminal activity.” - discovered by exploiting previous illegal conduct” is inadmissible “fruit of the poisonous tree.” (quoting Wong Sun v. United States, 371 U.S. 471, 488 (1963)), rev. denied (Minn. Dec.
- State of Minnesota v. Shoulwin Melbrook Davis Minn. Ct. App. 2023
- State of Minnesota v. Jose Alarcon Minn. Ct. App. 2023
- State of Minnesota v. Yar Wiw Bithow, Sr. Minn. Ct. App. 2023
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State of Minnesota v. Luke Adam Eckman
Minn. Ct. App. 2023
Terry v. Ohio, 392 U.S. 1, 21-22 (1968)
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State of Minnesota v. Marcus Jacoby Moore
Minn. Ct. App. 2023
Police may “stop and temporarily seize a person to investigate that person for criminal wrongdoing if the officer reasonably suspects that person of criminal activity.” (quotation omitted).
- State of Minnesota v. James Michael Anderson Minn. Ct. App. 2023
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State of Minnesota v. Jonathan Gabriel Hernandez Silva
Minn. Ct. App. 2023
“Evidence obtained as a result of a seizure without reasonable suspicion must be suppressed.”
- State of Minnesota v. Jacob Richard Lindekugel Minn. Ct. App. 2023
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State of Minnesota v. Lamont Shauntel Thomas, Jr.
Minn. Ct. App. 2023
The correct standard is “reasonable articulable suspicion.”
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State of Minnesota v. Laurssia Keyair Likness
Minn. Ct. App. 2023
” State v. Diede , -47 (Minn. 2011).
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State of Minnesota v. Paul Casey Mason
Minn. Ct. App. 2023
I. Decision Denying Mason’s Motion to Suppress We review for clear error the district court’s factual findings underlying a decision whether to suppress evidence, State v. Gauster , and we review de novo whether a n investigative detention or pat-down search is justified by reasonable suspicion, .
- State of Minnesota v. Ismael Villegas, Jr. Minn. Ct. App. 2023
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State of Minnesota,
Minn. 2023
Given our consistent recognition that warrantless searches are “presumptively unreasonable,” (citation omitted) (internal quotation marks omitted), the devaluing of the warrant requirement by Ross may justify us interpreting the Minnesota Constitution more broadly in this specific context.
- State of Minnesota v. Clyde Lee Reyes, Jr. Minn. Ct. App. 2023
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Kami Lynn Ohm v. Commissioner of Public Safety
Minn. Ct. App. 2023
(citing Terry v. Ohio, 392 U.S. 1, 22 (1968)); see also State 5 v. Diede, .
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State of Minnesota v. Justin Lee Gomez
Minn. Ct. App. 2023
(concluding individual’s refusal of consent to search cigarette packet in her sweatshirt pocket could not be considered in establishing probable cause for a search); n.3 (Minn. 2004) (stating “passive refusal to consent to a search cannot be treated as evidence of
- State of Minnesota v. Shana Renee Petersen Minn. Ct. App. 2023
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Luke Mitchell Rebentisch v. Commissioner of Public Safety
Minn. Ct. App. 2022
“Reasonable suspicion must be based on specific , articulable facts,” and the police officer must have “a particularized and objective basis for suspecting the seized person of criminal activity.” -43 (Minn. 2011) (quotation omitted).
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State of Minnesota v. Travis Lee Baas
Minn. Ct. App. 2022
The reasonable-suspicion standard is “not high.”
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State of Minnesota v. James Paul Aery
Minn. Ct. App. 2022
Terry v. Ohio, 392 U.S. 1, 19-22 (1968); -43 (Minn. 2011).
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State of Minnesota v. Tyler Jared Higgins
Minn. Ct. App. 2022
Terry v. Ohio, 392 U.S. 1, 19-22 (1968); -43 (Minn. 2011)
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Henry James Johnson, Jr. v. Commissioner of Public Safety
Minn. Ct. App. 2022
When the facts are undisputed, “ we review de novo the issue of whether the stipulated facts support a determination that the police articulated a reasonable suspicion of criminal activity warranting the governmental intrusions in question.”
- Minn. 2022
- State of Minnesota v. Adam Lloyd Torgerson Minn. Ct. App. 2022
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State of Minnesota v. Brian Andy Simon
Minn. Ct. App. 2022
d 836, 849 (Minn. 2011).
- State of Minnesota v. Tamarr Brayon Long Minn. Ct. App. 2022
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State of Minnesota v. Nicholas Walter Johnson
Minn. Ct. App. 2022
Terry v. Ohio, 392 U.S. 1, 19-22 (1968); -43 (Minn. 2011).
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State of Minnesota v. Bryan William Fries
Minn. Ct. App. 2022
The reasonable-suspicion standard is “not high.”
- State of Minnesota v. Darcy Wayne Christianson Minn. Ct. App. 2022
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State of Minnesota v. Antonio Earl Stevenson
Minn. Ct. App. 2022
d 836, 843 (Minn. 2011).
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State of Minnesota v. Benjamin John Joyce
Minn. Ct. App. 2022
“For a search to fall under the consent exception, the State must show by a preponderance of the evidence that consent was given freely and voluntarily.”
- State of Minnesota v. Somboun Kounlabout Minn. Ct. App. 2022
- State of Minnesota v. Tomond Romell Grissom Minn. Ct. App. 2022
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State of Minnesota v. Jason Randolph Christianson
Minn. Ct. App. 2022
Terry v. Ohio, 392 U.S. 1, 19-22 (1968); -43 (Minn. 2011).
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State of Minnesota v. Renaldo Valentino Sept
Minn. Ct. App. 2022
State v. Diede , 2 (Minn. 2011).
- State of Minnesota v. Todd Richard Kalis Minn. Ct. App. 2022
- Robert Alan Bjerke v. Commissioner of Public Safety, State of Minnesota, vs. Robert Alan Bjerke Minn. Ct. App. 2022
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State of Minnesota v. Rebecca Ann Jones
Minn. Ct. App. 2022
Under Terry, an officer may “stop and temporarily seize a person to investigate that person for criminal wrongdoing if the officer reasonably suspects that person of criminal activity.” (quotation omitted).
- State of Minnesota v. Kayla Catelyn Waltz Minn. Ct. App. 2022
- State of Minnesota v. Joshua John Keil Minn. Ct. App. 2022
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State of Minnesota v. Alexander James Butcher
Minn. Ct. App. 2022
Th e district court’s findings of fact are clearly erroneous if an appellate court, after reviewing the record evidence, is “left with the definite and firm conviction that a mistake occurred.” State v. Diede , -47 (Minn. 2011).
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State of Minnesota v. Rebecca Jane King
Minn. Ct. App. 2022
For reasonable suspicion to exist, there must be “specific, articulable facts” that allow the officer to show that he “had a particularized and objective basis for suspecting the seized person of criminal activity.” - 43 (Minn. 2011) (quotations omitte d).
- Derrick Devon Turner v. State of Minnesota Minn. Ct. App. 2022
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State of Minnesota v. Mandy Marie Brown
Minn. Ct. App. 2022
Under the principles of Terry, an officer may “stop and temporarily seize a person to investigate that person for criminal wrongdoing if the officer reasonably suspec ts that person of criminal activity.” (quotation omitted).
- State of Minnesota v. Jaren Joseph Dodds Minn. Ct. App. 2022
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Minn. 2021
Under the first Terry prong, “we ask whether the traffic stop was justified at its inception,” id., by a showing of “reasonable articulable suspicion,” State v. Diede
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State of Minnesota v. Isaiah Charles Bracy
Minn. Ct. App. 2021
Terry v. Ohio, 392 U.S. 1, 19- 22, (1968); -43 (Minn. 2011).
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State of Minnesota v. Michael Troy Moyer
Minn. Ct. App. 2021
See State v. Rohde , (search); (seizure).
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State of Minnesota v. Dennis John Demario Byrd
Minn. Ct. App. 2021
d 836, 842 (Minn. 2011).