Cited by
Opinions in Minnesota that cite State v. Klamar, 823 N.W.2d 687.
- Nicholas Roger Marczak, petitioner, Appellant, Minn. Ct. App. 2021
- State of Minnesota, Respondent, Minn. Ct. App. 2021
- State of Minnesota, Respondent, Minn. Ct. App. 2020
- State of Minnesota, Respondent, Minn. Ct. App. 2020
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
5 In determining whether reasonable, articula ble suspicion exists to justify a stop, Minnesota courts “consider the totality of the circumstances and acknowledge that trained law-enforcement officers are permitted to make inferences and deduc tions that would be beyond the competence of an untrained person.” State v. Richardson , (“The court may consider the officer’s experien ce, general knowledge, and observations; background information, includ ing the nature of the offens e suspected and th
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State of Minnesota, Appellant,
Minn. Ct. App. 2020
d 687, 692 (Minn. App. 2012).
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State of Minnesota, Appellant,
Minn. Ct. App. 2020
The state also contends that the trooper’s expansion of the stop is authorized by this court’s opinion in State v. Klamar
- Kathleen Margaret Eileen Ochs, petitioner, Appellant, Minn. Ct. App. 2020
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Garrett Thomas Cekalla, petitioner, Appellant,
Minn. Ct. App. 2020
Id.; see also State v. Klamar , (holding that two indicia of intoxication were sufficient for reasonable suspicion).
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
“A police officer may, however, initiate a limited investigative seizure without a warrant if the officer has reasonable articulable suspicion of criminal activity.”
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Sheila Laurel Jensen, petitioner, Appellant,
Minn. Ct. App. 2020
see also Wilkes, d at 246 (“[C]redibility determinations are the province of the district court.”).
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Thomas Randal Schreyer, petitioner, Appellant,
Minn. Ct. App. 2019
See State v. Klamar , 693 (Minn. App. 2012) (concluding that it was not a seiz ure but a welfare check for an officer to approach a car stopped on the interstate with a passenger vomiting out the side).
- State of Minnesota, Respondent, Minn. Ct. App. 2019
- State of Minnesota, Respondent, Minn. Ct. App. 2019
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
Reasonable suspicion justifies a stop “so long as the facts support at least one inference of the possibility of criminal activity,” (quotation omitted), and it is not “the product of mere whim, caprice, or idle curiosity.” (quotation omitted).
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
20, 1990); (holding that an officer w ho approache d a stopped vehicle to check on t he occupants’ welfare and spoke to the driver through the window did not conduct a seizure until the officer asked the driver to exit the vehicle).
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Yia Her, petitioner, Appellant,
Minn. Ct. App. 2019
State v. Klamar , see also Wilkes, d at 246 (“[C]redibility determinations are the province of the district court.”).
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Joshua John Leary, petitioner, Appellant,
Minn. Ct. App. 2019
see also Wilkes v. Comm’r of Pub.
- State of Minnesota, Respondent, Minn. Ct. App. 2019
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
(stating that this court defers to a district court’s credibility determinations when reviewing a pretrial order on a motion to suppress evidence).
- A18-1103 Minn. Ct. App. 2019
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
“[A] seizure occurs when the officer, by means of physical force or show of authority, has in some way restrained the liberty of a citizen.” (quotation omitted).
- Otto v. Comm'r Safety 924 N.W.2d 658 Minn. Ct. App. 2019
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Otto v. Comm'r Safety
924 N.W.2d 658
Minn. Ct. App. 2019
State v. Klamar , , 696 (Minn. App. 2012).
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
“[T]he reasonable suspicion standard is not high.” d 390, 393 (Minn. 2008) (quotation omitted); (“ The factual basis required to justify an investigative seizure is minimal.”).
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
(concluding that an officer’s observation of the odor of alcohol and bloodshot and watery eyes justified the expansion of a traffic stop to investigate a suspicion of impaired driving); State v. Kier , (“An officer needs only one objective indication of i
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Eric Michael Deroos, petitioner, Appellant,
Minn. Ct. App. 2018
reasonably justif[ies] further intrusions in the form of field sobriety and preliminary breath testing.” (concluding officer’s observation of odor of alcohol emanating from driver and dr iver’s bloodshot and watery eyes justified expansion of stop).
- State of Minnesota, Respondent, Minn. Ct. App. 2018
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
d 687, 696 (Minn. App. 2012).
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State of Minnesota, Appellant,
Minn. Ct. App. 2018
es that Officer Gramling’s se arch of the car and of respondent’s backpack located inside the car were lawful under the automobile exception to the warrant requirement.1 When reviewing a pretrial order suppre ssing evidence, we “independently review the facts and determine, as a matter of law, whether the district court erred in suppressing— or not suppressing—the evidence.” ().
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
“[C]ourts generally have held that it does not by itself constitute a seizure for an officer to simply walk up and talk to a person standing in a public place or to a driver sitting in an already stopped car.” d 687, 692-93 (Minn. App. 2012) (concluding that trooper’s approach of already -stopped vehicle to check welfare of occupants was not a seizure).
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State of Minnesota, Appellant,
Minn. Ct. App. 2018
“A police officer may, however, initiate a limited investigative seizure without a warrant if the officer has reasonable articulable suspicion of criminal activity.” State v. Klamar , (citing Terry v. Ohio , 395 U.S. 1, 21 -22, 88 S. Ct. 1868, 1880 (1968)).
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State of Minnesota, Appellant,
Minn. Ct. App. 2018
In reviewing a pretrial order suppressing evidence, “we may independently review the facts and determine, as a matter of law, whether the district court erred in suppressing—or not suppressing—the evidence.” State v. Klamar , (M inn.
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Michael David Groschen, Appellant,
Minn. Ct. App. 2017
See, (odor of alcohol and bloodshot and watery eyes); State v. Vonderharr , (odor of alcohol and admission of drinking); (odor of alcohol), review denied (Minn. Sept.
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John Joseph Vondrachek, petitioner, Appellant,
Minn. Ct. App. 2017
See, (determining that the trooper developed reasonable articulable suspicion to perform an initial stop and concluding that two indicia of intoxication reasonably justified roadside sobriety tests and a PBT).
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
(stating that district court findings are not reversed unless clearly erroneous, and great deference is given to court’s determinations regarding credibility of witnesses), aff’d, 508 U.S. 366, 113 S. Ct. 2130 (1993); see also State v. Klamar , (stating that this court defers to a district court’s credibility determinations when reviewing a pretrial order on a motion to suppress evidence).
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Michael Scott Torfin, petitioner, Appellant,
Minn. Ct. App. 2017
Safety, see -96 (Minn. App. 2012) (observing the odor 5 of alcohol and bloodshot and watery eyes, facts which gave the trooper a reasonable basis to suspect impairment).
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
See, (odor of alcohol and bloodshot and watery eyes); State v. Vonderharr , (odor of alcohol and admission of drinking); State v. Lopez , (odor of alcohol), review denied (Minn. Sept.
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Laurie Ann McIntyre, petitioner, Appellant,
Minn. Ct. App. 2017
d 687, 696 (Minn. App. 2012); see also State v. Lopez , (upholding the expansion of a stop based on the officer’s noticing the odor of alcohol alone), review denied (Minn. Sept.
- State of Minnesota, Respondent, Minn. Ct. App. 2017
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
“The police may seize a person so long as the facts support at least one inference of the possibility of criminal activity.” (quotation omitted).
- State of Minnesota v. Aaron James Helgeson Minn. Ct. App. 2017
- State of Minnesota v. Arthur Anthony Torgesen Minn. Ct. App. 2017
- State of Minnesota v. Arthur Anthony Torgesen Minn. Ct. App. 2017
- State of Minnesota v. Aaron James Helgeson Minn. Ct. App. 2017
- State of Minnesota v. Gary Wayne Wright Minn. Ct. App. 2017
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State of Minnesota v. Gary Wayne Wright
Minn. Ct. App. 2017
Though the police cannot rely on a “hunch” 6 to justify seizing a person, the police may seize that person if objective facts “support at least one inference of the possibility of criminal activity.” d 687, 693 (Minn. App. 2012) (quotation omitted).
- Keith Charles Lexvold v. Commissioner of Public Safety Minn. Ct. App. 2016
- Keith Charles Lexvold v. Commissioner of Public Safety Minn. Ct. App. 2016
- State of Minnesota v. Paul Harvey McGee Minn. Ct. App. 2016