Cited by
Opinions in Minnesota that cite State v. Brooks, 838 N.W.2d 563.
-
State of Minnesota v. Shawn Michael Tillman
Minn. 2026
at *6 (citation omitted) (internal quotation marks omitted); see Worthy, d at 276; (stating that a defendant’s opportunity to consult counsel about an issue supports the conclusion that the defendant made a voluntary decision).
-
State of Minnesota, Respondent,
Minn. Ct. App. 2026
“Whether consent is voluntary is determined by examining the totality of the circumstances.” (quotation omitted).
-
State of Minnesota, Respondent,
Minn. Ct. App. 2024
ourt held: “A respondent can raise alternative arguments on appeal in defense of the underlying decision when there are sufficient facts 6 in the record for the appellate court to consider the alternative theories, there is legal support for the arguments, and the alternative grounds would not expand the relief previously granted.” n.2 (Minn. 2013) (citing Grunig and determining that the state’s argument that the defendant consented to the search was properly before the court despite not being r
- State of Minnesota v. Raenard Romalle Douglas Minn. Ct. App. 2024
-
State of Minnesota v. Raenard Romalle Douglas
Minn. Ct. App. 2024
In Lindquist, the supreme court did not consider whether a well-trained officer would have known in February 2011 were incorrect, based on Missouri v. McNeely, 569 U.S. 141 (2013).
- State of Minnesota v. Anthony Lee Prellwitz Minn. Ct. App. 2024
-
State of Minnesota v. Anthony Lee Prellwitz
Minn. Ct. App. 2024
simply by acquiescing to a claim of lawful authority.”
- State of Minnesota v. Cody Logan Fohrenkam Minn. Ct. App. 2024
-
State of Minnesota v. Cody Logan Fohrenkam
Minn. Ct. App. 2024
(applying preponderance-of-the-evidence standard in Fourth Amendment warrantless-search case); State ex rel.
-
State of Minnesota, Respondent,
Minn. Ct. App. 2023
See Schneckloth v. Bustamonte, 412 U.S. 218, 248 (1973) (holding that, under the Fourth and Fourteenth Amendments, a subject’s consent to a search must be “voluntarily given”); -72 (Minn. 2013) (considering whet her a defendant voluntarily consented to blood and urine tests under Minnesota’s implied-consent law after he was arrested for driving while impaired).
-
State of Minnesota, Respondent,
Minn. Ct. App. 2021
simply by acquiescing to a claim of lawful authority.”
-
Ellen Louise Arnt, petitioner, Appellant,
Minn. Ct. App. 2019
“Taking blood and urine samples from someone constitutes a ‘search’ under the Fourth Amendment.” State v. Brooks
- Donovan Jon Gilfillan, petitioner, Appellant, Minn. Ct. App. 2019
- Antone Larron Owens, petitioner, Appellant, Minn. Ct. App. 2019
-
State of Minnesota, Respondent,
Minn. Ct. App. 2019
d 563, 568 (Minn. 2013).
- Kari A. Patnode, petitioner, Appellant, Minn. Ct. App. 2019
- State of Minnesota, Respondent, Minn. Ct. App. 2019
- Michael Neil Labrasca, petitioner, Appellant, Minn. Ct. App. 2019
- State of Minnesota, Respondent, Minn. Ct. App. 2019
- Thomas Gerald Rothmeier, petitioner, Appellant, Minn. Ct. App. 2019
-
State of Minnesota, Respondent,
Minn. Ct. App. 2019
-31 (Minn. 2016) (holding in a related context that a urine test given under Minnesota’s implied-consen t law implicates a driver’s pri vacy rights under the Fourth Amendment).
- James Willard Francisco, petitioner, Respondent, Minn. Ct. App. 2018
- Barbara Faye Sproul, petitioner, Appellant, Minn. Ct. App. 2018
- Brian Paul Keller, petitioner, Respondent, Minn. Ct. App. 2018
- Connor J. K. Willis, petitioner, Respondent, Minn. Ct. App. 2018
-
Ellen Louise Arnt, petitioner, Appellant,
Minn. Ct. App. 2018
d 563, 568-69 (Minn. 2013).
- State of Minnesota, Respondent, Minn. Ct. App. 2018
- Verhein v. Piper 917 N.W.2d 96 Minn. Ct. App. 2018
- State of Minnesota, Respondent, Minn. Ct. App. 2018
-
State of Minnesota, Respondent,
Minn. Ct. App. 2018
Citing State v. Brooks , the district court explained that “the law currently provides that test results from a consensual warrantless blood draw are admissible.” The district court found that the officer followed the statutory requirements of the implied-consent law before appellant consented to the test.
- State of Minnesota, Respondent, Minn. Ct. App. 2018
-
John Joseph Vondrachek, petitioner, Appellant,
Minn. Ct. App. 2017
In considering whether a person’s consent is 10 voluntary, courts consid er the totality of the circumstance s, “including the nature of the encounter, the kind of person the defendant is , and what was said and how it was said.” State v. Brooks , (quotation omitted).
-
State of Minnesota, Appellant,
Minn. Ct. App. 2017
(a pplying preponderance-of-the-evidence burden of proof in Fourth Amendment warrantless-search case); State ex rel.
-
State of Minnesota, Respondent,
Minn. Ct. App. 2017
Appellant moved to suppress the blood test results and dismiss the complaint; the court denied the motion in June 2015, determining that Minnesota’s 9-72 (Minn. 2013)
- Brooks v. State 897 N.W.2d 811 Minn. Ct. App. 2017
- Brooks v. State 897 N.W.2d 811 Minn. Ct. App. 2017
- A16-1713 Minn. Ct. App. 2017
- Garrett Kelly Erickson v. Commissioner of Public Safety Minn. Ct. App. 2017
- Garrett Kelly Erickson v. Commissioner of Public Safety Minn. Ct. App. 2017
- Amy Lynn-Ishwar Butani v. Commissioner of Public Safety Minn. Ct. App. 2017
- Amy Lynn-Ishwar Butani v. Commissioner of Public Safety Minn. Ct. App. 2017
- Jesse John Susa v. Commissioner of Public Safety Minn. Ct. App. 2016
- Derek David Udovich v. Commissioner of Public Safety Minn. Ct. App. 2016
-
Jesse John Susa v. Commissioner of Public Safety
Minn. Ct. App. 2016
at 230 n.4; (analyzing validity of a suspected drunk driver’s consent to chemical testing under the Fourth Amendment).
-
Derek David Udovich v. Commissioner of Public Safety
Minn. Ct. App. 2016
Similarly, the supreme court concluded that the implied-consent advisory “made clear to [a driver] that he had a choice of whether to submit to testing.” Deputy Twaddle read the implied-consent advisory to Udovich, including the language stating that refusal is a crime, which suggests that a person may ref
- State of Minnesota v. Jose Amador Molina Minn. Ct. App. 2016
- Keith Charles Lexvold v. Commissioner of Public Safety Minn. Ct. App. 2016
-
State of Minnesota v. Jose Amador Molina
Minn. Ct. App. 2016
d 563, 568 (Minn. 2013).
-
Keith Charles Lexvold v. Commissioner of Public Safety
Minn. Ct. App. 2016
5 Appellant’s reliance on Missouri v. McNeely, 133 S. Ct. 1552, 1561 (2013) for his argument that law enforcement is required to obtain a warrant in drunk-driving investigations is misplaced.
- Ryan Paul Jirik v. Commissioner of Public Safety Minn. Ct. App. 2016