Cited by

Opinions in Minnesota that cite State v. Dezso, 512 N.W.2d 877.

129 citing documents.

Peter Alan Krech v. Commissioner of Public Safety Minn. Ct. App. 2015
State of Minnesota v. Ronald Robert Forster Minn. Ct. App. 2015
Paige J. Wentzel v. Commissioner of Public Safety Minn. Ct. App. 2015
State of Minnesota v. Ronald Robert Forster Minn. Ct. App. 2015
Paige J. Wentzel v. Commissioner of Public Safety Minn. Ct. App. 2015
However, an individual does not validly consent by “simply acquiescing to a claim of lawful authority.” Id.; (holding that whether a person gave valid consent or was coerced turns on “whether a reasonable person would have felt free to decline the officer’s requests” (quotation omitted)).
Darrick Alan Duncan v. Commissioner of Public Safety Minn. Ct. App. 2015
Darrick Alan Duncan v. Commissioner of Public Safety Minn. Ct. App. 2015
William Haugen v. Commissioner of Public Safety Minn. Ct. App. 2014
William Haugen v. Commissioner of Public Safety Minn. Ct. App. 2014
State of Minnesota v. Robert Stephen Mendez Minn. Ct. App. 2014
State of Minnesota v. Robert Stephen Mendez Minn. Ct. App. 2014
“‘Voluntariness’ is a question of fact and it varies with the facts of each case.”
State of Minnesota v. Joseph John Wasche, III Minn. Ct. App. 2014
State of Minnesota v. Meghan Kathleen Quigley Minn. Ct. App. 2014
State of Minnesota v. Meghan Kathleen Quigley Minn. Ct. App. 2014
Finally, Quigley argues that her consent was not voluntary because the encounter was coercive
State of Minnesota v. Joseph John Wasche, III Minn. Ct. App. 2014
State of Minnesota v. Sarah May Mickalsen Minn. Ct. App. 2014
State of Minnesota v. Sarah May Mickalsen Minn. Ct. App. 2014
Michael Eugene Kraus v. Commissioner of Public Safety Minn. Ct. App. 2014
Joshua William Muckala v. Commissioner of Public Safety Minn. Ct. App. 2014
Michael Eugene Kraus v. Commissioner of Public Safety Minn. Ct. App. 2014
6 see Schneckloth, 412 U.S. at 225, 93 S. Ct. at 2047 (describing a coercive encounter occurring when “will has been overborne and .
Joshua William Muckala v. Commissioner of Public Safety Minn. Ct. App. 2014
Relevant circumstances include “‘the nature of the encounter, the kind of person the defendant is, and what was said and how it was said.’” Brooks, d at 569 ().
State of Minnesota v. Tanya Lee Scheffler Minn. Ct. App. 2014
Bjorn Knudsen v. Commissioner of Public Safety Minn. Ct. App. 2014
State of Minnesota v. Tanya Lee Scheffler Minn. Ct. App. 2014
To determine whether consent was voluntary, a district 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.”
Bjorn Knudsen v. Commissioner of Public Safety Minn. Ct. App. 2014
State of Minnesota v. Christopher Steven Pettinelli Minn. Ct. App. 2014
State of Minnesota v. Christopher Steven Pettinelli Minn. Ct. App. 2014
(citing Florida v. Bostick, 501 U.S. 429, 111 S. Ct. 2382 (1991)); see also Schneckloth, 412 U.S. at 225–26, 93 S. Ct. at 2047 (stating that a suspect is coerced into giving consent when “his will has been overborne and his capacity for self-determination critically impaired”).
Gerald John Westman v. Commissioner of Public Safety Minn. Ct. App. 2014
Gerald John Westman v. Commissioner of Public Safety Minn. Ct. App. 2014
(stating that “the burden of proof is on the prosecutor to show that the search and seizure was within the individual’s voluntary consent”).
State of Minnesota v. Becky Ann Rice Minn. Ct. App. 2014
State of Minnesota v. Becky Ann Rice Minn. Ct. App. 2014
4 The totality of the circumstances includes “the nature of the encounter, the kind of person the [consenter] is, and what was said and how it was said.” -81 (Minn. 1994) (holding consent to search wallet was not voluntary where officer stopped defendant’s vehicle on a highway at night, leaned over the defendant to look into his wallet, persistently questioned defendant about contents of his wallet, and did not tell defendant he had the right to refuse to consen
State of Minnesota v. John Alvin Lindquist Minn. Ct. App. 2014
State of Minnesota v. Bradley Christopher Roehl Minn. Ct. App. 2014
Harrison David Awe v. Commissioner of Public Safety Minn. Ct. App. 2014
Jon Earl Miller v. Commissioner of Public Safety Minn. Ct. App. 2014
Mark Ward Nippa v. Commissioner of Public Safety Minn. Ct. App. 2014
Jon Earl Miller v. Commissioner of Public Safety Minn. Ct. App. 2014
“‘Voluntariness’ is a question of fact and it varies with the facts of each case.”
Mark Ward Nippa v. Commissioner of Public Safety Minn. Ct. App. 2014
Harrison David Awe v. Commissioner of Public Safety Minn. Ct. App. 2014
State of Minnesota v. John Alvin Lindquist Minn. Ct. App. 2014
State of Minnesota v. Bradley Christopher Roehl Minn. Ct. App. 2014
at 569 ( (quotation marks omitted)).
Loren Elton Schwarzwalter v. Commissioner of Public Safety Minn. Ct. App. 2014
Loren Elton Schwarzwalter v. Commissioner of Public Safety Minn. Ct. App. 2014
Daniel Roy Gibbs v. Commissioner of Public Safety Minn. Ct. App. 2014
Corey John Schoenberg v. Commissioner of Public Safety Minn. Ct. App. 2014
David Joseph Masters v. Commissioner of Public Safety Minn. Ct. App. 2014
Daniel Roy Gibbs v. Commissioner of Public Safety Minn. Ct. App. 2014
Corey John Schoenberg v. Commissioner of Public Safety Minn. Ct. App. 2014
David Joseph Masters v. Commissioner of Public Safety Minn. Ct. App. 2014
This analysis includes ‘“the nature of the encounter, the kind of person the defendant is, and what was said and how it was said.”’ Brooks, d at 569 ().
Pamela Marie Faust v. Commissioner of Public Safety Minn. Ct. App. 2014