Cited by
Opinions in Minnesota that cite State v. Brooks, 838 N.W.2d 563.
- Benjamin David Telschow v. Commissioner of Public Safety Minn. Ct. App. 2015
- Benjamin David Telschow v. Commissioner of Public Safety Minn. Ct. App. 2015
- Joel Gary Borchardt v. Commissioner of Public Safety Minn. Ct. App. 2015
- Joel Gary Borchardt v. Commissioner of Public Safety Minn. Ct. App. 2015
- Kristin Marie Poeschel v. Commissioner of Public Safety 871 N.W.2d 39 Minn. Ct. App. 2015
- State of Minnesota v. Alexander Nathan Davis Minn. Ct. App. 2015
- State of Minnesota v. Alexander Nathan Davis Minn. Ct. App. 2015
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Kristin Marie Poeschel v. Commissioner of Public Safety
871 N.W.2d 39
Minn. Ct. App. 2015
“For a search to fall under the consent exception, the State must show by a preponderance of the evidence that the defendant freely and voluntarily consented.” cert.
- State of Minnesota v. Derek Lawrence Stavish 868 N.W.2d 670 Minn. 2015
- State of Minnesota, Respondent/Cross-Appellant v. Bonnie Ann Lindquist, Appellant/Cross-Respondent. 869 N.W.2d 863 Minn. 2015
- State of Minnesota, Respondent/Cross-Appellant v. Bonnie Ann Lindquist, Appellant/Cross-Respondent. 869 N.W.2d 863 Minn. 2015
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State of Minnesota v. Derek Lawrence Stavish
868 N.W.2d 670
Minn. 2015
The district court, cert.
- Corey James Wright v. Commissioner of Public Safety Minn. Ct. App. 2015
- State of Minnesota v. Joseph Wayne Hexom Minn. Ct. App. 2015
- Eric Dennis Carter v. Commissioner of Public Safety Minn. Ct. App. 2015
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State of Minnesota v. Joseph Wayne Hexom
Minn. Ct. App. 2015
Ass’n, 489 U.S. 602, 617, 109 S. Ct. 1402, 1413 (1989); cert.
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Corey James Wright v. Commissioner of Public Safety
Minn. Ct. App. 2015
Skinner v. Railway Labor Execs.’ Ass’n, 489 U.S. 602, 617, 109 S. Ct. 1402, 1413 (1989); abrogated in part by Missouri v. McNeely, 133 S. Ct. 1552, 1568 (2013), cert.
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Eric Dennis Carter v. Commissioner of Public Safety
Minn. Ct. App. 2015
Missouri v. McNeely, 133 S. Ct. 1552, 1558 (2013); cert.
- Peter Alan Krech v. Commissioner of Public Safety Minn. Ct. App. 2015
- Ryan John Nordell v. Commissioner of Public Safety Minn. Ct. App. 2015
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Peter Alan Krech v. Commissioner of Public Safety
Minn. Ct. App. 2015
“For a search to fall under the consent exception, the State must show by a preponderance of the evidence that the defendant freely and voluntarily consented.” cert.
- Ryan John Nordell v. Commissioner of Public Safety Minn. Ct. App. 2015
- State of Minnesota v. Kyle Allen Snyder Minn. Ct. App. 2015
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State of Minnesota v. Kyle Allen Snyder
Minn. Ct. App. 2015
But a warrantless search is not unreasonable “if the subject of the search consents.” cert.
- State of Minnesota v. David Ray Bennett 867 N.W.2d 539 Minn. Ct. App. 2015
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State of Minnesota v. David Ray Bennett
867 N.W.2d 539
Minn. Ct. App. 2015
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. Tarah Louise Fichtner 867 N.W.2d 242 Minn. Ct. App. 2015
- Justin Steven Luedke v. Commissioner of Public Safety Minn. Ct. App. 2015
- State of Minnesota v. Zachary Michael McGowan Minn. Ct. App. 2015
- Justin Steven Luedke v. Commissioner of Public Safety Minn. Ct. App. 2015
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State of Minnesota v. Zachary Michael McGowan
Minn. Ct. App. 2015
d 563, 568 (Minn. 2013), cert.
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State of Minnesota v. Tarah Louise Fichtner
867 N.W.2d 242
Minn. Ct. App. 2015
Appellant’s case proceeded through the district court while Missouri v. McNeely, 133 S. Ct. 1552 (2013), were decided.
- State of Minnesota v. Joseph John West, IV Minn. Ct. App. 2015
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State of Minnesota v. Joseph John West, IV
Minn. Ct. App. 2015
(citations and quotation omitted).
- State of Minnesota v. Tyler Thomas Devries Morse Minn. Ct. App. 2015
- State of Minnesota v. Paul Vang Minn. Ct. App. 2015
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State of Minnesota v. Paul Vang
Minn. Ct. App. 2015
The district court delayed its ruling pending the outcome of the Minnesota Supreme Court’s cert.
- State of Minnesota v. Tyler Thomas Devries Morse Minn. Ct. App. 2015
- Chad William Mosher v. Commissioner of Public Safety Minn. Ct. App. 2015
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Chad William Mosher v. Commissioner of Public Safety
Minn. Ct. App. 2015
Ass’n, 489 U.S. 602, 616-17, 109 S. Ct. 1402, 1413 (1989); cert.
- Matthew Allan White v. Commissioner of Public Safety Minn. Ct. App. 2015
- State of Minnesota v. Patrick Lawrence Zabinski Minn. Ct. App. 2015
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Matthew Allan White v. Commissioner of Public Safety
Minn. Ct. App. 2015
As a general rule, a search requires either a warrant or an exception to the warrant requirement, such as the person’s consent, cert.
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State of Minnesota v. Patrick Lawrence Zabinski
Minn. Ct. App. 2015
Although Zabinski’s brief was filed on November 7, 2014, he fails to acknowledge the Minnesota Supreme Court’s explicit rejection of this argument more than a
- Kimberly Ann McGovern v. Commissioner of Public Safety Minn. Ct. App. 2015
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Kimberly Ann McGovern v. Commissioner of Public Safety
Minn. Ct. App. 2015
“[A] driver’s decision to agree to take a test is not coerced simply because Minnesota has attached the penalty of making it a crime to refuse the test.” cert.
- State of Arizona v. Francisco L. Encinas Valenzuela 350 P.3d 811 Ariz. Ct. App. Div. 2 2015
- State of Minnesota v. William Marvin Boyenga Minn. Ct. App. 2015
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State of Minnesota v. William Marvin Boyenga
Minn. Ct. App. 2015
“[P]olice do not need a warrant if the subject of the search consents.”
- State of Minnesota v. Melvin Matthew Willems Minn. Ct. App. 2015