Cited by

Opinions in Minnesota that cite State of Minnesota v. William Robert Bernard, Jr., 859 N.W.2d 762.

208 citing documents.

Michael John Frank v. Commissioner of Public Safety Minn. Ct. App. 2016
Jason Daniel Gustafson, Relator v. Commissioner of Human Services 884 N.W.2d 674 Minn. Ct. App. 2016
Jason Daniel Gustafson, Relator v. Commissioner of Human Services 884 N.W.2d 674 Minn. Ct. App. 2016
If there is no fundamental right at stake, we ask whether the statute has a rational basis, which requires the state to show only that the statute “is a reasonable means to a permissive object.” (quotation omitted), aff’d sub nom.
Michael John Frank v. Commissioner of Public Safety Minn. Ct. App. 2016
James David Clark v. Commissioner of Public Safety Minn. Ct. App. 2016
James David Clark v. Commissioner of Public Safety Minn. Ct. App. 2016
Ian Jorgen Crocker v. Commissioner of Public Safety Minn. Ct. App. 2016
James David Clark v. Commissioner of Public Safety Minn. Ct. App. 2016
James David Clark v. Commissioner of Public Safety Minn. Ct. App. 2016
(upholding test-refusal statute), aff’d sub nom.
Ian Jorgen Crocker v. Commissioner of Public Safety Minn. Ct. App. 2016
State of Minnesota v. Jeremiah Raymond Hoskins Minn. Ct. App. 2016
State of Minnesota v. Jeremiah Raymond Hoskins Minn. Ct. App. 2016
-68 (Minn. 2015), aff’d sub nom.
Marsha Katherine Millonig v. Commissioner of Public Safety Minn. Ct. App. 2016
Shannon Forstrom Walsh v. Commissioner of Public Safety Minn. Ct. App. 2016
Marsha Katherine Millonig v. Commissioner of Public Safety Minn. Ct. App. 2016
Shannon Forstrom Walsh v. Commissioner of Public Safety Minn. Ct. App. 2016
State of Minnesota v. Hobart Alvin Huffman Minn. Ct. App. 2016
State of Minnesota v. Hobart Alvin Huffman Minn. Ct. App. 2016
State of Minnesota v. Arnold Lee Scott Minn. Ct. App. 2016
Nicholas James Heinz v. Commissioner of Public Safety Minn. Ct. App. 2016
State of Minnesota v. Arnold Lee Scott Minn. Ct. App. 2016
d 762 (Minn. 2015), cert.
Distinguished Nicholas James Heinz v. Commissioner of Public Safety Minn. Ct. App. 2016
State of Minnesota v. James Robert Stepke Minn. Ct. App. 2016
State of Minnesota v. Michael Peter Beard Minn. Ct. App. 2016
State of Minnesota v. Michael Peter Beard Minn. Ct. App. 2016
and found appellant guilty of the test-refusal charge.
State of Minnesota v. James Robert Stepke Minn. Ct. App. 2016
State of Minnesota v. Kurt Nathan Rud Minn. Ct. App. 2016
State of Minnesota v. Kurt Nathan Rud Minn. Ct. App. 2016
Appellant goes on to argue that “using the advisory to support a voluntariness finding should be impermissible if the advisory itself is premised on a criminal test refusal statute that is unconstitutional.” Appellant acknowledges that the constitutionality of Minnesota’s n.6 (Minn. 2015) (holding that the advisory is constitutional in the context of warrantless breath tests but explicitly declining to address its constitutionality in the context of blood or urine tests), cert.
State of Minnesota v. Joshua Lee Myhre 875 N.W.2d 799 Minn. 2016
State of Minnesota v. Joshua Lee Myhre 875 N.W.2d 799 Minn. 2016
State of Minnesota v. Gatwech Yiek Thach Minn. Ct. App. 2016
State of Minnesota v. Gatwech Yiek Thach Minn. Ct. App. 2016
In arguing that a warrantless blood test or a warrantless urine test would have been a valid search under the Fourth Amendment, the state relies heavily, if not solely, on the supreme court’s cert.
Randy Lee Torgeson v. Commissioner of Public Safety Minn. Ct. App. 2016
Randy Lee Torgeson v. Commissioner of Public Safety Minn. Ct. App. 2016
Troy K. Scheffler v. Commissioner of Public Safety Minn. Ct. App. 2015
State of Minnesota v. Ryan Mark Thompson 873 N.W.2d 873 Minn. Ct. App. 2015
Andrew Joseph Sauter v. Commissioner of Public Safety Minn. Ct. App. 2015
State of Minnesota v. Ryan Mark Thompson 873 N.W.2d 873 Minn. Ct. App. 2015
Troy K. Scheffler v. Commissioner of Public Safety Minn. Ct. App. 2015
Distinguished Andrew Joseph Sauter v. Commissioner of Public Safety Minn. Ct. App. 2015
Appellant also argues that a search warrant is required before law enforcement may lawfully request a urine sample from a suspected drunk driver, is distinguishable in the case of a urine test.
State of Minnesota v. Aamir Karmoeddien Minn. Ct. App. 2015
Alexander Nathan Davis v. Commissioner of Public Safety Minn. Ct. App. 2015
Alexander Nathan Davis v. Commissioner of Public Safety Minn. Ct. App. 2015
State of Minnesota v. Aamir Karmoeddien Minn. Ct. App. 2015
Damon Dewitt Tackett v. Commissioner of Public Safety Minn. Ct. App. 2015
Damon Dewitt Tackett v. Commissioner of Public Safety Minn. Ct. App. 2015
Under this exception, the police are authorized to conduct a full search of the person who has been lawfully arrested.” -67 (Minn. 2015) (quotation and citation omitted).
State of Minnesota v. David Lee Clifton Minn. Ct. App. 2015
Benjamin David Telschow v. Commissioner of Public Safety Minn. Ct. App. 2015
State of Minnesota v. Derek Jerome Vandyke Minn. Ct. App. 2015
State of Minnesota v. Derek Jerome Vandyke Minn. Ct. App. 2015
3 Shortly after the appeal was filed in this case, and held that a warrantless search of a driver’s breath is constitutional as a search incident to a valid arrest on suspicion of driving while impaired.