Cited by
Opinions in Minnesota that cite State v. Diede, 795 N.W.2d 836.
- State of Minnesota v. Thomas Eric Walbridge Minn. Ct. App. 2021
- R e s p o n d e n t , Minn. 2021
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State of Minnesota v. Koulton Ugene Robinson
Minn. Ct. App. 2021
State v. Diede , see also Terry , 392 U.S. at 27.
- State of Minnesota v. Brian Curtis Winge Minn. Ct. App. 2021
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Robert Herman Larsen v. Commissioner of Public Safety
Minn. Ct. App. 2021
The reasonable-suspicion standard is “not high.” (quotation omitted).
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Nicholas Roger Marczak v. Commissioner of Public Safety
Minn. Ct. App. 2021
d 836, 842 (Minn. 2011).
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State of Minnesota v. Stacy Lynn Tuomi
Minn. Ct. App. 2021
“Evidence obtained as a result of a seizure without reasonable suspicion must be suppressed.”
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State of Minnesota v. Isaiah Kerry Toussaint
Minn. Ct. App. 2021
See State v. Diede , -44 (Minn. 2011) (concluding reasonable, articulable suspicion must exist prior to a search and seizure).
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State of Minnesota v. Kenneth Carl Hamilton
Minn. Ct. App. 2021
-43 (Minn. 2011) (quotations and citations omitted).
- State of Minnesota v. Dewayne Romel Holmes Minn. Ct. App. 2021
- State of Minnesota v. Shane Kenneth Halverson Minn. Ct. App. 2021
- State of Minnesota v. Antonio Loren Garbow-Hanks Minn. Ct. App. 2021
- State of Minnesota v. Ezekiel John Miller Minn. Ct. App. 2021
- State of Minnesota v. Luis Omar Chaparro Vargas Minn. Ct. App. 2021
- State of Minnesota v. Antoine Phillip Demry Minn. Ct. App. 2021
- State of Minnesota v. Jordan Germaine McCray Minn. Ct. App. 2021
- State of Minnesota v. Ronnie Bila Shaka Minn. Ct. App. 2021
- Shareef Najeeaullah Shaheed v. State of Minnesota Minn. Ct. App. 2021
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State of Minnesota v. Brenden Reynolds
Minn. Ct. App. 2021
(“Mere proximity to, or association with, a person who may have previously engaged in criminal activity is not enough to support reasonable suspicion.”).
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State of Minnesota v. Denarro Jesse Cunningham
Minn. Ct. App. 2020
But it must be based on specific, articulable facts that allow the officer to articulate “that he or she had a particularized and objective basis for suspe cting the seized person of 5 criminal activity.” State v. Diede , -43 (Minn. 2011) (quotation omitted).
- State of Minnesota v. Robert Francisco Meffert Minn. Ct. App. 2020
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State of Minnesota v. Daniel James Deschene
Minn. Ct. App. 2020
“The United States and Minnesota Constitu tions protect the right of the people to be secure in their persons, houses, papers, a nd effects, against unreasonable searches and seizures.” (quotation omitted) (citing U.S. Const. amend.
- State of Minnesota v. Ronald Elliott Skinaway, Jr. Minn. Ct. App. 2020
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State of Minnesota v. Ryan Scott Weber
Minn. Ct. App. 2020
The 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 con viction that a mistake occurred.” State v. Diede , -47 (Minn. 2011).
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State of Minnesota v. Douglas Bert Melby, III
Minn. Ct. App. 2020
A police 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.” State v. Diede , (quotation omitted).
- State of Minnesota v. Kenny Alan Herold Minn. Ct. App. 2020
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State of Minnesota v. Trevon Lashaun Manuel
Minn. Ct. App. 2020
Terry v. Ohio , 392 U.S. 1, 19-21, 88 S. Ct. 1868, 1878 -80 (1968); - 43 (Minn. 2011).
- State of Minnesota v. Louis Larell Osborne Minn. Ct. App. 2020
- State of Minnesota v. Matthew Evan Kujava Minn. Ct. App. 2020
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State of Minnesota v. Jude Thomas Mary O’Neill
Minn. Ct. App. 2020
See, (recognizing that factual findings regarding motion to suppress are reviewed for clear error); State v. Chavarria-Cruz , (same).
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State of Minnesota v. Christian John Donnelly
Minn. Ct. App. 2020
“When reviewing a pretrial order on a motion to suppress, we review the district court’s factual findings [for clear error],” (citation omitted), and its determinations of reasonable, articulable suspicion de novo, State v. Diede , .
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Minn. 2020
under an assumed or fictitious name”) ; –50 (Minn. 2011) (foregoing a harmless-beyond-a-reasonable-doubt analysis when the State’s only evidence was obtained as fruit of the poisonous tree).
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State of Minnesota v. Jared Michael Desroches, et al
Minn. Ct. App. 2020
Berkemer, 468 U.S. at 439-40, 104 S. Ct. at 3150; -43 (Minn. 2011); see also Terry v. Ohio, 392 U.S. 1, 30-31, 88 S. Ct. 1868, 1884-85 (1968).
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Kathleen Margaret Eileen Ochs v. Commissioner of Public Safety
Minn. Ct. App. 2020
The reasonable-suspicion standard is “not high.” (quo tation omitted).
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State of Minnesota v. Irwin James Sam
Minn. Ct. App. 2020
Citing State v. Diede , appellant argues that “[m]ere proximity to, or association with, a person who may have previously engaged in criminal activity is not enough to support reasonable suspicion of possession of a contr olled substance.”
- State of Minnesota v. Jordan Adrian Walz Minn. Ct. App. 2020
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State of Minnesota v. Jomar Londo Haines
Minn. Ct. App. 2020
d States Supreme Court in Terry v. Ohio set forth the principle that officers may “temporarily detain a suspect without probable cause if (1) the stop was justified at its inception by reasonable articulable suspicion, and (2) the actions of the police during the stop were reasonably related to and justified by the circumstances that gave rise to the stop in the first place.” (quotations omitted).
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Kevin Nelson Birkland v. Commissioner of Public Safety
Minn. Ct. App. 2020
However, an officer may conduct a brief investigatory stop if they have reasonable, articulable suspicion that “criminal activity may be afoot .” Terry v. Ohio , 392 U.S. 1, 30 , 88 S. Ct. 1868, 1884 (1968); See also S tate v. Diede , d 836, 842 (Minn. 2011) .
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Alex Jeffrey Mayer v. Commissioner of Public Safety
Minn. Ct. App. 2020
Consent is one such exception.2
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State of Minnesota v. Jeffrey Allen McCarthy
Minn. Ct. App. 2020
“When reviewing a district court’s pretrial order on a motion to suppress evidence, we review the district court’s factual findin gs under a clearly erroneous standard and the district court’s legal determinations de novo.”
- State of Minnesota v. William Dumont White Minn. Ct. App. 2020
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State of Minnesota v. Jose Salud Botello Vargas
Minn. Ct. App. 2020
State v. Diede , (citing Terry v. Ohio, 392 U.S. 1, 88 S. Ct. 1868 (1968)).
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Ellen Louise Arnt v. Commissioner of Public Safety
Minn. Ct. App. 2019
“Under the Fourth Amendment to the United States Constitution and Article I, § 10 of the Minnesota Constitution, warrantless searches are presumptively unreasonable unless one of a few specifically established and well -delineated exceptions applies.” (quotations and citations omitted).
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State of Minnesota v. Robert Richard Rousu
Minn. Ct. App. 2019
State v. Munson , (citing Terry v. Ohio, 392 U.S. 1, 22, 88 S. Ct. 1868, 1880 (1968))
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State of Minnesota v. Ruben Leeander Chappelle
Minn. Ct. App. 2019
that he or she had a particularized and objective basis for suspecting the seized person of criminal activity.’” -43 (Minn. 2011) ().
- State of Minnesota v. Brian John Abrahamson Minn. Ct. App. 2019
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State of Minnesota v. Devon Dennis Carstensen
Minn. Ct. App. 2019
Reasonable suspicion is “a particularized and objective basis for suspecting the seized person of criminal activity.”
- State of Minnesota v. Jesse William Johnson Minn. Ct. App. 2019
- State of Minnesota v. Shawn Casey Tope Minn. Ct. App. 2019
- State of Minnesota v. Ronald Jay Bolkema Minn. Ct. App. 2019