Cited by
Opinions in Minnesota that cite State v. Brooks, 838 N.W.2d 563.
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State of Minnesota v. Ronald Earle Menzie
Minn. Ct. App. 2014
“But police do not need a warrant if the subject of the search consents.” cert.
- State of Minnesota v. Sarah May Mickalsen Minn. Ct. App. 2014
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State of Minnesota v. Sarah May Mickalsen
Minn. Ct. App. 2014
-69 (Minn. 2013) (holding that chemical test under Minnesota Implied Consent Law is a search).
- Sin Santo Bad v. State of Minnesota Minn. Ct. App. 2014
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Sin Santo Bad v. State of Minnesota
Minn. Ct. App. 2014
One recognized exception is that “police do not need a warrant if the subject of the search consents.” cert.
- State of Minnesota v. Nicholas John Rossiter Minn. Ct. App. 2014
- Michael Eugene Kraus v. Commissioner of Public Safety Minn. Ct. App. 2014
- Joshua William Muckala v. Commissioner of Public Safety Minn. Ct. App. 2014
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Michael Eugene Kraus v. Commissioner of Public Safety
Minn. Ct. App. 2014
d 563, 568 (Minn. 2013), cert.
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Joshua William Muckala v. Commissioner of Public Safety
Minn. Ct. App. 2014
Labor Execs.’ Ass’n, 489 U.S. 602, 616-17, 109 S. Ct. 1402, 1412-13 (1989); cert.
- State of Minnesota v. Nicholas John Rossiter Minn. Ct. App. 2014
- Randall Frank Larch v. Commissioner of Public Safety Minn. Ct. App. 2014
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Randall Frank Larch v. Commissioner of Public Safety
Minn. Ct. App. 2014
Skinner v. Railway Labor Execs.’ Ass’n, 489 U.S. 602, 616-17, 109 S. Ct. 1402, 1413 (1989); abrogated in part by Missouri v. McNeely, 133 S. Ct. 1552, 1568 (2013), cert.
- State of Minnesota v. Tanya Lee Scheffler Minn. Ct. App. 2014
- Bjorn Knudsen v. Commissioner of Public Safety Minn. Ct. App. 2014
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State of Minnesota v. Tanya Lee Scheffler
Minn. Ct. App. 2014
sttrial motions filed by appellant, entered findings to support the verdict, adjudicated appellant guilty of both counts, and imposed sentence.1 Appellant filed a direct appeal and this court granted appellant’s motion to stay and remand to allow appellant to challenge the validity of the warrantless blood draw following Missouri v. McNeely, 133 S. Ct. 1552 (2013), d 563 (Minn. 2013), cert.
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Bjorn Knudsen v. Commissioner of Public Safety
Minn. Ct. App. 2014
Labor Execs.’ Ass’n, 489 U.S. 602, 616-17, 619, 109 S. Ct. 1402, 1412-14 (1989); (blood and urine testing), cert.
- Rufus Cornelius Loyd v. Commissioner of Public Safety Minn. Ct. App. 2014
- State of Minnesota v. Greer Elizabeth Dempster Minn. Ct. App. 2014
- State of Minnesota v. Todd Eugene Trahan Minn. Ct. App. 2014
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State of Minnesota v. Todd Eugene Trahan
Minn. Ct. App. 2014
at 730; and (d) the test-refusal statute does not “coerce[] a driver into surrendering a Fourth Amendment right in a manner that is offensive to the unconstitutional-conditions doctrine,” id.
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State of Minnesota v. Greer Elizabeth Dempster
Minn. Ct. App. 2014
atens criminal prosecution if this coerced ‘consent’ is not given.” The district court denied the suppression motion, concluding that “consent is not 3 the basis of the search and the search meets the reasonable requirement of the Fourth Amendment.” Subsequently, cert.
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Rufus Cornelius Loyd v. Commissioner of Public Safety
Minn. Ct. App. 2014
1 (2012); (“If a driver refuses the test, the police are required to honor that refusal and not perform the test.”), cert.
- State of Minnesota v. Amanda Sue Thorne Minn. Ct. App. 2014
- State of Minnesota v. Amanda Sue Thorne Minn. Ct. App. 2014
- Danika Paige Anastasi v. Commissioner of Public Safety Minn. Ct. App. 2014
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Danika Paige Anastasi v. Commissioner of Public Safety
Minn. Ct. App. 2014
In State v. Brooks, the supreme court reiterated that the “police do not need a warrant if the subject of the search consents.” cert.
- State of Minnesota v. Christopher Steven Pettinelli Minn. Ct. App. 2014
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State of Minnesota v. Christopher Steven Pettinelli
Minn. Ct. App. 2014
Appellant also challenges the district court’s denial of his petition for postconviction relief, arguing that the result of his warrantless blood test should have been suppressed under Missouri v. McNeely, 133 S. Ct. 1552 (2013), cert.
- State of Minnesota v. Carmilla J. Thibodeau-Schoeszler Minn. Ct. App. 2014
- State of Minnesota v. Derek Lawrence Stavish 852 N.W.2d 906 Minn. Ct. App. 2014
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State of Minnesota v. Carmilla J. Thibodeau-Schoeszler
Minn. Ct. App. 2014
a person may voluntarily consent to a search, making a warrant 4 unnecessary.
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State of Minnesota v. Derek Lawrence Stavish
852 N.W.2d 906
Minn. Ct. App. 2014
(Stras, J., concurring) (noting that the Minnesota Supreme Court “has yet to adopt the good-faith exception”).
- Stephanie Ann Keim v. Commissioner of Public Safety Minn. Ct. App. 2014
- State of Minnesota v. Ashley Elizabeth Williams Minn. Ct. App. 2014
- Gerald John Westman v. Commissioner of Public Safety Minn. Ct. App. 2014
- Daniel Michael Lieser v. Commissioner of Public Safety Minn. Ct. App. 2014
- William Edwin Bredenbeck v. Commissioner of Public Safety Minn. Ct. App. 2014
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William Edwin Bredenbeck v. Commissioner of Public Safety
Minn. Ct. App. 2014
Bredenbeck immediately appealed, but we stayed the appeal pending the supreme court’s cert.
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Stephanie Ann Keim v. Commissioner of Public Safety
Minn. Ct. App. 2014
Labor Execs.’ Ass’n, 489 U.S. 602, 616-17, 109 S. Ct. 1402, 1413 (1989); cert.
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State of Minnesota v. Ashley Elizabeth Williams
Minn. Ct. App. 2014
court erred by denying her motion to suppress because the breath test “was obtained without a warrant,” “without [her] valid consent,” and “without vindicating [her] right to counsel.” The state responds, and we agree, that Williams had ample opportunity to contact an attorney before the breath test and that Williams consented to the test under the supreme court’s –72 (Minn. 2013), cert.
- Daniel Michael Lieser v. Commissioner of Public Safety Minn. Ct. App. 2014
- Gerald John Westman v. Commissioner of Public Safety Minn. Ct. App. 2014
- Brian Jeffrey Serber v. Commissioner of Public Safety Minn. Ct. App. 2014
- Amanda Elizabeth Walz v. Commissioner of Public Safety Minn. Ct. App. 2014
- Lucas Gordon Bunde v. Commissioner of Public Safety Minn. Ct. App. 2014
- Bruce Joseph Fischbach v. Commissioner of Public Safety Minn. Ct. App. 2014
- State of Minnesota v. Stacy Jean Fouquette Minn. Ct. App. 2014
- Jason Lee Morzenti v. Commissioner of Public Safety Minn. Ct. App. 2014
- Leslie Jay Boyd, Jr. v. State of Minnesota Minn. Ct. App. 2014