Cited by
Opinions in Minnesota that cite Butler v. Commissioner of Public Safety, 348 N.W.2d 827.
- Jesse M. Gregorich, Appellant, Minn. Ct. App. 2022
- State of Minnesota, Respondent, Minn. Ct. App. 2019
- 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
Safety , , 828 (Minn. App. 1984) (stating that, because a driver who is asked to do field sobriety tests is not subject to custodial interrogation, a Miranda advisory "is confusing to the driver"); see also Ruffenach v. Comm'r of Pub.
- State of Minnesota v. Alexander Nathan Davis Minn. Ct. App. 2015
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State of Minnesota v. Alexander Nathan Davis
Minn. Ct. App. 2015
Safety, (stating that the officer is required only to “facilitate the defendant’s right to counsel, not .
- State of Minnesota v. Ashley Elizabeth Williams Minn. Ct. App. 2014
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State of Minnesota v. Ashley Elizabeth Williams
Minn. Ct. App. 2014
Safety, d 827, 829 (Minn. App. 1984).
- State v. Myers 711 N.W.2d 113 Minn. Ct. App. 2006
- State v. Rader 597 N.W.2d 321 Minn. Ct. App. 1999
- Gergen v. Commissioner of Public Safety 548 N.W.2d 307 Minn. Ct. App. 1996
- Gergen v. Commissioner of Public Safety 548 N.W.2d 307 Minn. Ct. App. 1996
- McNaughton v. Commissioner of Public Safety 536 N.W.2d 912 Minn. Ct. App. 1995
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McNaughton v. Commissioner of Public Safety
536 N.W.2d 912
Minn. Ct. App. 1995
Safety, -29 (Minn.App.1984) (officer need only allow and facilitate right to counsel and need not make sure driver has received best or even proper counsel).
- Jacob v. Commissioner of Public Safety 409 N.W.2d 283 Minn. Ct. App. 1987
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Jacob v. Commissioner of Public Safety
409 N.W.2d 283
Minn. Ct. App. 1987
this court noted: Giving a Miranda warning, which implies there are no penalties for refusing to cooperate, in an implied consent situation, where there are substantial penalties for refusing to cooperate, is confusing to the driver.
- Clough v. Commissioner of Public Safety 360 N.W.2d 428 Minn. Ct. App. 1985
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Distinguished
Clough v. Commissioner of Public Safety
360 N.W.2d 428
Minn. Ct. App. 1985
where a public defender did return the officer’s phone call and spoke to the driver, although refusing to advise him whether or not to take the test.
- Steinberg v. State, Department of Public Safety 357 N.W.2d 413 Minn. Ct. App. 1984
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Steinberg v. State, Department of Public Safety
357 N.W.2d 413
Minn. Ct. App. 1984
“Since an implied consent proceeding is civil, rather than criminal, in nature no Fifth Amendment right attaches.” Butler v. Commissioner of Pub *416 lic Safety, citing, Goldsworthy v. State, Department of Public Safety, n. 4 (Minn.1978).
- Eveslage v. Commissioner of Public Safety 353 N.W.2d 623 Minn. Ct. App. 1984
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Eveslage v. Commissioner of Public Safety
353 N.W.2d 623
Minn. Ct. App. 1984
We have further held that: “The statute requires only that the officer allow and facilitate the defendant’s right to counsel, not that the officer make sure the defendant has received the best or even proper counsel.” Butler v. Comm’r of Public Safety, at 829 (Minn.Ct.App.1984).
- State v. Kline 351 N.W.2d 388 Minn. Ct. App. 1984
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State v. Kline
351 N.W.2d 388
Minn. Ct. App. 1984
Safety, at 829 (Minn.Ct.App.1984); see South Dakota v. Neville, 459 U.S. 553 , 103 S.Ct.