Cited by
Opinions in Minnesota that cite State v. Dezso, 512 N.W.2d 877.
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State of Minnesota, Respondent,
Minn. Ct. App. 2026
“Put another way, the issue is ‘whether a reasonable person would have felt free to decline the officer[’s] requests or otherwise terminate the encounter.’” (alteration in original) (quoting Florida v. Bostick, 501 U.S. 429, 436 (1991)).
- State of Minnesota v. Anthony Lee Prellwitz Minn. Ct. App. 2024
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State of Minnesota v. Anthony Lee Prellwitz
Minn. Ct. App. 2024
In determining whether consent was 18 voluntary, a court must examine the totality of the circumstances, “including the nature of the encounter, the kind of person the defendant is, and what was said and how it was said.”
- State of Minnesota v. Chaz Edwin Johnson Minn. Ct. App. 2024
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State of Minnesota v. Chaz Edwin Johnson
Minn. Ct. App. 2024
(noting “the nature of the encounter, the kind of person the defendant is, and what was said and how it was said” are relevant considerations).
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
(concluding that voluntary consent was given based, in part, on the fact that appellant responded to the request to search “promptly” and “unequivocally”); 880-81 (Minn. 1994) (concluding that the defendant did not voluntarily consent to a search of his wallet based , in part, on the officer’s official and persistent questioning).
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
(“[W]hen an encounter becomes coercive, when the right to say no to a search is compromised by a show of official authority .
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
(stating that consent to a search is not voluntary unless “‘a reasonable person woul d have felt free to 11 decline the officer[’s] requests or otherwise terminate the encounter’”) (quoting Florida v. Bostick, 501 U.S. 429, 438, 111 S. Ct. 2382, 2388 (1991)).
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Alex Jeffrey Mayer, petitioner, Appellant,
Minn. Ct. App. 2020
The relevant circumstances include “the nature of the encounter, the kind of person the [suspect] is, and what was said and how it was said.”
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Ellen Louise Arnt, petitioner, Appellant,
Minn. Ct. App. 2019
“[I]nvoluntariness of a consent to a police request is not to be inferred simply because the circumstan ces of the encounter are uncomfortable for the person being questioned.” State v. Dezso
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Antone Larron Owens, petitioner, Appellant,
Minn. Ct. App. 2019
Examining the totality of the circumstances, we conclude that Owens validly consented to providing a urine sample because his consent w as voluntarily and freely give n. See State v. Dezso , 0 (Minn. 1994) (stating that consent must be “received, not extracted”).
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Brian Paul Keller, petitioner, Respondent,
Minn. Ct. App. 2018
Voluntariness must be considered in light of the totality of the circumstances including, “the nature of the encounter, the kind of person the defendant is, and what was said and how it was said.”
- State of Minnesota, Respondent, Minn. Ct. App. 2018
- State of Minnesota, Appellant, Minn. Ct. App. 2018
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
“‘Voluntariness’ is a question of fact and it varies with the facts of each case.” d 877, 880 (Minn. 1994).
- State of Minnesota v. Jose Amador Molina Minn. Ct. App. 2016
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State of Minnesota v. Jose Amador Molina
Minn. Ct. App. 2016
“Voluntariness” is a question of fact that depends on the totality of the circumstances, “including the nature of the encounter, the kind of person the defendant is, and what was said and how it was said.”
- Michael Paul Tulenchek-Armstrong v. Commissioner of Public Safety Minn. Ct. App. 2016
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Michael Paul Tulenchek-Armstrong v. Commissioner of Public Safety
Minn. Ct. App. 2016
“‘Voluntariness’ is a question of fact” that depends on the totality of the circumstances, “including the nature of the encounter, the kind of person the defendant is, and what was said and how it was said.”
- State of Minnesota v. Chad William Mosher Minn. Ct. App. 2016
- State of Minnesota v. Chad William Mosher Minn. Ct. App. 2016
- Michael John Frank v. Commissioner of Public Safety Minn. Ct. App. 2016
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Michael John Frank v. Commissioner of Public Safety
Minn. Ct. App. 2016
Generally, a warrantless search conducted without probable cause is per se unconstitutional, but a search warrant is not required “if the subject of the search consents.”
- State of Minnesota v. Paige Julieanna Wentzel Minn. Ct. App. 2016
- State of Minnesota v. Paige Julieanna Wentzel Minn. Ct. App. 2016
- Marsha Katherine Millonig v. Commissioner of Public Safety Minn. Ct. App. 2016
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Marsha Katherine Millonig v. Commissioner of Public Safety
Minn. Ct. App. 2016
This consideration includes “the nature of the encounter, the kind of person the defendant is, and what was said and how it was said.”
- Andrew Joseph Sauter v. Commissioner of Public Safety Minn. Ct. App. 2015
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Andrew Joseph Sauter v. Commissioner of Public Safety
Minn. Ct. App. 2015
The relevant circumstances include “‘the nature of the encounter, the kind of person the [subject] is, and what was said and how it was said.’” Brooks, 838 d at 569 ().
- State of Minnesota v. Ronald Wayne Johnson Minn. Ct. App. 2015
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State of Minnesota v. Ronald Wayne Johnson
Minn. Ct. App. 2015
The voluntariness "analysis requires that we consider the totality of the circumstances, 1 including the nature of the encounter, the kind of person the defendant is, and what was said and how it was said."' ().
- Damon Dewitt Tackett v. Commissioner of Public Safety Minn. Ct. App. 2015
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Damon Dewitt Tackett v. Commissioner of Public Safety
Minn. Ct. App. 2015
Voluntariness is a question of fact, and it depends on the totality of the circumstances, including “[1]the nature of the encounter, [2] the kind of person the defendant is, and [3] what was said and how it was said.”
- State of Minnesota v. Derek Jerome Vandyke Minn. Ct. App. 2015
- State of Minnesota v. Derek Jerome Vandyke Minn. Ct. App. 2015
- Corey James Wright v. Commissioner of Public Safety Minn. Ct. App. 2015
- Corey James Wright v. Commissioner of Public Safety Minn. Ct. App. 2015
- Ryan John Nordell v. Commissioner of Public Safety Minn. Ct. App. 2015
- Ryan John Nordell v. Commissioner of Public Safety Minn. Ct. App. 2015
- State of Minnesota v. Charles Edward Gorgol Minn. Ct. App. 2015
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State of Minnesota v. Charles Edward Gorgol
Minn. Ct. App. 2015
(citing Florida v. Bostick, 501 U.S. 429, 435-36, 111 S. Ct. 2382, 2387 (1991)).
- 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
And “an encounter becomes coercive[] when the right to say no to a search is compromised by a show of official authority.” d 877, 880 (Minn. 1994).
- 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
But “involuntariness of a consent to a police request is not to be inferred simply because the circumstances of the encounter are uncomfortable for the person being questioned.”
- 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
We examine the totality of the circumstances to determine whether consent was voluntary, including “the nature of the 9 encounter, the kind of person the defendant is, and what was said and how it was said.”
- Jeremy Ray Johnson v. Commissioner of Public Safety Minn. Ct. App. 2015
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Jeremy Ray Johnson v. Commissioner of Public Safety
Minn. Ct. App. 2015
see also Schneckloth, 412 U.S. at 225-26, 93 S. Ct. at 2047 (stating that consent is involuntary if the suspect’s “will has been overborne and his capacity for self- determination critically impaired”).
- Peter Alan Krech v. Commissioner of Public Safety Minn. Ct. App. 2015