Cited by
Opinions in Minnesota that cite State of Minnesota v. William Robert Bernard, Jr., 859 N.W.2d 762.
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State of Minnesota v. Stephanie Hope Smith
Minn. Ct. App. 2026
“A warrantless search is generally unreasonable, unless it falls into one of the recognized exceptions to the warrant requirement.”
- State of Minnesota v. Rory Lee Sisco Minn. Ct. App. 2026
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State of Minnesota v. Ishamel Portwood Middlebrook
Minn. Ct. App. 2026
(noting that, under the search-incident-to-lawful-arrest exception to the warrant requirement, “the police are authorized to conduct a full search of the person who has been lawfully arrested” 11 (quotation omitted)), aff’d sub nom.
- State of Minnesota v. Wayne Keith Parmenter Minn. Ct. App. 2026
- State of Minnesota v. Michael Daron Ware Minn. Ct. App. 2026
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Kim Ouk v. Paul Schnell
Minn. Ct. App. 2025
“When assessing a due process challenge, the analysis [appellate courts] apply depends on whether the statute implicates a fundamental right.”
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State of Minnesota v. Royce James Stute
Minn. Ct. App. 2025
(recognizing “the severe threat that impaired drivers pose to the public’s safety” (quotation omitted)); see also Boude v. City of Raymore, Missouri , 855 F.3d 930, 933 (8th Cir. 2017) (concluding that officer acted reasonably by reach ing into car, turning off ignition, and physically removing i
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State of Minnesota v. Christopher Jermain Giles
Minn. Ct. App. 2025
One well-recognized exception to the warrant requirement is a search incident to arrest, which allows police to search a person who has been lawfully arrested and “the area within his or her immediate control to remove weapons and to seize evidence.” , aff’d sub nom.
- State of Minnesota v. Johnathon Jones Minn. Ct. App. 2025
- State of Minnesota v. Carlos Raul Orellana Duta Minn. Ct. App. 2025
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State of Minnesota v. Glenn Alan Johnson
Minn. Ct. App. 2024
hat a warrantless search of the defendant’s automobile did not fall under the search-incident-to- arrest exception when the search involved the vehicle from which the defendant was arrested because law enforcement had secured the defendant in the back of a squad car, eliminating the concerns from which the exception derives—officer safety and evidence preservation); (discussing the above aspects of Gant), aff’d sub nom.
- State of Minnesota v. Ava Thadette Smith Minn. Ct. App. 2024
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State of Minnesota v. Ava Thadette Smith
Minn. Ct. App. 2024
Dep’t of Transp., 579 U.S. 438, 474, 478 (2016) ( and a Minnesota defendant’s conviction in a “criminal[] prosecut[ion] for refusing a warrantless breath test” that the defendant “had no right to refuse”).
- State of Minnesota v. Cody Logan Fohrenkam Minn. Ct. App. 2024
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State of Minnesota v. Cody Logan Fohrenkam
Minn. Ct. App. 2024
5 Here, we note that the district court had no record from which it could have made any determination about the status or nature of Fohrenkam’s 5 See, 631 (Minn. 2018) (pat-frisk, community- caretaker, and exigent-circumstances exceptions); (automobile exception); (search incident to lawful arrest); -54 (Minn. 2003) (actual-authority-to-consent, apparent-authority-to-consent, plain-view, and inevitable- discovery exceptions).
- State of Minnesota v. Jude Jerome Lague Minn. Ct. App. 2024
- State of Minnesota v. Jude Jerome Lague Minn. Ct. App. 2024
- Ronald Lindsey Reed v. Minnesota Department of Corrections, et al Minn. Ct. App. 2024
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Ronald Lindsey Reed v. Minnesota Department of Corrections, et al
Minn. Ct. App. 2024
“When assessing 5 a due process challenge, the analysis [appellate courts] apply depends on whether the statute implicates a fundamental right.”
- State of Minnesota v. Rebecca Julie Malecha Minn. 2024
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State of Minnesota v. Rebecca Julie Malecha
Minn. 2024
A long-standing exception to the warrant requirement under the Fourth Amendment, however, is a search incident to lawful arrest, which allows the police “to conduct a ‘full search of the person’ who has been lawfully arrested.” –67 (Minn. 2015) (quoting United States v. Robinson, 414 U.S. 218, 235 (1973)).
- State of Minnesota v. Jeremy James Heller Minn. Ct. App. 2024
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State of Minnesota v. Tyrone Deshawn Williams
Minn. Ct. App. 2023
“A search incident to a lawful arrest is a well -recognized exception to the warrant requirement.” (citing Arizona v. Gant, 556 U.S. 332, 338 (2009)).
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State of Minnesota v. Darcy Wayne Christianson
Minn. Ct. App. 2023
One well-recognized exception to the warrant requirement is a search incident to arrest, which allows police to search a person who has been lawfully arrested and “the area within his or her immediate control to remove weapons and to seize evidence.” aff’d sub nom.
- State of Minnesota v. Yar Wiw Bithow, Sr. Minn. Ct. App. 2023
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State of Minnesota v. Paul Casey Mason
Minn. Ct. App. 2023
Warrantless searches and seizures are generally unreasonable, and evidence obtained during a warrantless search is inadmissible at trial unless an exception to the warrant requirement applies, State v. Hummel
- State of Minnesota v. Rebecca Julie Malecha Minn. Ct. App. 2023
- State of Minnesota v. Shana Renee Petersen Minn. Ct. App. 2023
- Jesse Lee Helget (A20-1036) v. Commissioner of Public Safety, State of Minnesota, vs. Jesse Lee Helget (A22-0103) Minn. Ct. App. 2023
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State of Minnesota v. Ronald Anthony Falk
Minn. Ct. App. 2022
“A search incident to a lawful arrest is a well- recognized exception to the warrant requirement.” d 762, 766 (Minn. 2015) (citing Arizona v. Gant, 556 U.S. 332, 338 (2009)).
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State of Minnesota v. Ramiro Cruz-Pineda
Minn. Ct. App. 2022
-67 (Minn. 2015) (citing Arizona v. Gant, 556 U.S. 332, 338 (2009)).
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State of Minnesota v. Darcy Wayne Christianson
Minn. Ct. App. 2022
( “A search incident to a lawful arrest is a well -recognized exception to the warrant requirement under the Fourth Amendment.”).
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State of Minnesota v. Thomas Lenard Hunter
Minn. Ct. App. 2022
As stated in State v. Bernard, Minnesota’s test-refusal statute “makes it a crime for a driver to refuse a request to take a chemical test to detect the presence of alcohol if certain conditions are met.”
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State of Minnesota v. Raphael Phares Spencer
Minn. Ct. App. 2021
“A sear ch incident to a lawful arrest is a well-recognized exception to the warrant requirement under the Fourth Amendment.”
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State of Minnesota v. Shane Kenneth Halverson
Minn. Ct. App. 2021
d 762, 767 (Minn. 2015) (concluding that warrantless breath test, as search incident to arrest, does not violate Fourth Amendment).
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State of Minnesota v. Rafeti Alexander de Sala de la Rosa
Minn. Ct. App. 2021
“A search incident to a lawful arrest is a well-recognized exception to the warrant requirement under the Fourth Amendment.”
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State of Minnesota v. Gilbert Miller, Jr.
Minn. Ct. App. 2020
“A search incident to a lawful arrest is a well-recognized exception to the warrant requirement under the Fourth Amendment.” State v. Bernard , aff’d sub.
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State of Minnesota v. Morgan Robert Nehring
Minn. Ct. App. 2020
” State v. Bernard , (quotation omitted).
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State of Minnesota v. Susie Edana Clark
Minn. Ct. App. 2020
A warrantless search is unreasonable “unless it falls into one of the recognized exceptions to the warrant requirement.”
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State of Minnesota v. Jennifer Tasha Stiel
Minn. Ct. App. 2019
“A search incident to a lawful arre st is a well-recognized exception to the warrant requirement under the Fourth Amendment.” State v. Bernard , aff’d sub nom.
- State of Minnesota v. Brian John Abrahamson Minn. Ct. App. 2019
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Travis Dean Schneider v. Commissioner of Public Safety
Minn. Ct. App. 2019
“A warrantless search is generally unreasonable, unless it falls into one of the recognized exceptio ns to the warrant requirement.” State v. Bernard , aff’d sub nom.
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Jason Maurice Fagin,
Minn. 2019
Therefore, refusal to give a blood sample by a person suspected of driving under the 2 aff’d sub nom.
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State of Minnesota v. Ryan Alan Peterson
Minn. Ct. App. 2019
Search incident to arrest The search -incident-to-arrest exception to the warrant requirement permits an officer to “conduct a full search of the person who has been lawfully arrested.” (quotation omitted), aff’d sub nom.
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State of Minnesota v. Jeremy Allen Giles
Minn. Ct. App. 2019
“A search incident to a lawful arrest is a well-recognized exception to the warrant requirement under the Fourth Amendment.”
- State of Minnesota v. Jordan David Stuckey Minn. Ct. App. 2019
- State of Minnesota v. Daniel Richard LeBre Minn. Ct. App. 2019
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State of Minnesota v. Paige Jean Lofberg
Minn. Ct. App. 2018
“A search incident to a lawful arrest is a well -recognized exception to the warrant requirement under the Fourth Amendment.” aff’d sub.
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State of Minnesota v. Chris Becerra
Minn. Ct. App. 2018
“A search incident to a lawful arrest is a well-recognized exception to the warrant requirement under the Fourth Amendment.” aff’d sub.
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State of Minnesota v. Michael Lee Morgan
Minn. Ct. App. 2018
“A search incident to a lawful arrest is a well-recognized exception to the warrant requirement under the Fourth Amendment.” d 762, 766 (Minn. 2015), aff’d sub nom.