Cited by

Opinions in Minnesota that cite In Re the Welfare of E.D.J., 502 N.W.2d 779.

180 citing documents.

State of Minnesota v. Christopher Steven Pettinelli Minn. Ct. App. 2014
State of Minnesota v. Christopher Steven Pettinelli Minn. Ct. App. 2014
Under the Minnesota Constitution, a “seizure” of a person by a police officer “occurs only ‘when the officer, by means of physical force or show of authority, has in some way restrained the liberty of [the] citizen.’” (quoting Terry v. Ohio, 392 U.S. 1, 19 n.16, 88 S. Ct. 1868, 1879 n.16 (1968)).
State of Minnesota v. Zachary Michael Staples Minn. Ct. App. 2014
A seizure has occurred “when the officer, by means of physical force or show of authority, has in some way restrained the liberty of a citizen.” (quotation omitted).
State of Minnesota v. Andrew William Serres Minn. Ct. App. 2014
State of Minnesota v. Andrew William Serres Minn. Ct. App. 2014
State of Minnesota v. Paul Joseph Cunningham Minn. Ct. App. 2014
State of Minnesota v. Paul Joseph Cunningham Minn. Ct. App. 2014
State of Minnesota v. La�Rog Daquan Meadows Minn. Ct. App. 2014
State of Minnesota v. La�Rog Daquan Meadows Minn. Ct. App. 2014
Meadows until they grabbed him and put him on the ground.” But Meadows argues, and the state agrees, that the seizure occurred when Officers Nelson and Yunker told Meadows to stop.1 (holding that “[p]olice officer’s directive to person to stop constituted a ‘seizure’ of the person under Minn. Const. art. I, § 10”).
State v. Klamar 823 N.W.2d 687 Minn. Ct. App. 2012
State v. Klamar 823 N.W.2d 687 Minn. Ct. App. 2012
-82 (Minn.1993) (citing United States v. Mendenhall, 446 U.S. 544, 554-55 , 100 S.Ct.
Carlton v. State 816 N.W.2d 590 Minn. 2012
State v. Wiggins 788 N.W.2d 509 Minn. Ct. App. 2010
State v. Wiggins 788 N.W.2d 509 Minn. Ct. App. 2010
A person has been “seized” when, “in view of all of the circumstances surrounding the incident, a reasonable person would have believed that he was not free to leave.”
State v. Jordan 742 N.W.2d 149 Minn. 2007
State v. Jackson 741 N.W.2d 146 Minn. Ct. App. 2007
State v. Jackson 741 N.W.2d 146 Minn. Ct. App. 2007
(applying objective test, on the basis of whether a reasonable person would determine that he or she was free to go, to determine whether a seizure had occurred); Ascher v. Comm’r of Pub.
Overvig v. Commissioner of Public Safety 730 N.W.2d 789 Minn. Ct. App. 2007
Overvig v. Commissioner of Public Safety 730 N.W.2d 789 Minn. Ct. App. 2007
A seizure occurs “when the officer, by means of physical force or show of authority, has in some way restrained the liberty of a citizen.” (quotation omitted).
State v. Timberlake 726 N.W.2d 509 Minn. Ct. App. 2007
State v. Timberlake 726 N.W.2d 509 Minn. Ct. App. 2007
Kahn v. Griffin 701 N.W.2d 815 Minn. 2005
Kahn v. Griffin 701 N.W.2d 815 Minn. 2005
t “cavalierly construe our state constitution more expansively than the United States Supreme Court has construed the federal constitution.” -27 (Minn.1985); Wiegand, Harris, d at 98
State v. Carter 697 N.W.2d 199 Minn. 2005
State v. Carter 697 N.W.2d 199 Minn. 2005
In the case of we reiterated that a person facing contact with a police officer is “seized" when he feels that he ' is not free to leave; departing from a Supreme Court decision to the contrary in California v. Hodari D., 499 U.S. 621 , 111 S.Ct.
State v. Lopez 698 N.W.2d 18 Minn. Ct. App. 2005
State v. Lopez 698 N.W.2d 18 Minn. Ct. App. 2005
A' seizure occurs “when the officer, by means of physical force or show of authority, has in some way restrained the liberty of a citizen.” (quoting Terry v. Ohio, 392 U.S. 1 , 19 n. 16, 88 S.Ct.
State v. Askerooth 681 N.W.2d 353 Minn. 2004
State v. Askerooth 681 N.W.2d 353 Minn. 2004
Ascher v. Comm’r of Pub.
State v. BEARDEMPHL 674 N.W.2d 430 Minn. Ct. App. 2004
State v. BEARDEMPHL 674 N.W.2d 430 Minn. Ct. App. 2004
A seizure occurs when, “under all the circumstances, a reasonable person would have believed that because of the conduct of the police he was not free to leave.” (holding that seizure occurred once police directed defendant, who started walking away after seeing the police officers, to stop).
State v. Colosimo 669 N.W.2d 1 Minn. 2003
State v. Colosimo 669 N.W.2d 1 Minn. 2003
(generally an officer approaching and asking questions of a person standing on a public street or sitting in a parked car is not a seizure).
State v. Balenger 667 N.W.2d 133 Minn. Ct. App. 2003
State v. Balenger 667 N.W.2d 133 Minn. Ct. App. 2003
(rejecting, in the exercise of its independent authority to interpret the state constitution, the U.S. Supreme Court’s determination that a seizure occurs only when police use physical force to restrain a person or when a person physically submits to show of authority by police, and holding that juven
State v. Bergerson 659 N.W.2d 791 Minn. Ct. App. 2003
State v. Bergerson 659 N.W.2d 791 Minn. Ct. App. 2003
1870, 1877 , 64 L.Ed.2d 497 (1980); -82 (Minn.1993).
In Re the Welfare of B.R.K. 658 N.W.2d 565 Minn. 2003
Criticized In Re the Welfare of B.R.K. 658 N.W.2d 565 Minn. 2003
In we declined to follow the holding in Hodari and continued to adhere to the long-standing rule that a seizure occurs when a reasonable person feels she is not free to leave.
State v. Houston 654 N.W.2d 727 Minn. Ct. App. 2003
State v. Houston 654 N.W.2d 727 Minn. Ct. App. 2003
State v. Wiegand 645 N.W.2d 125 Minn. 2002
State v. Wiegand 645 N.W.2d 125 Minn. 2002
State v. Johnson 645 N.W.2d 505 Minn. Ct. App. 2002
State v. Johnson 645 N.W.2d 505 Minn. Ct. App. 2002
In Re the Welfare of M. D. B. 601 N.W.2d 214 Minn. Ct. App. 1999
In Re the Welfare of M. D. B. 601 N.W.2d 214 Minn. Ct. App. 1999
(officer did not have probable cause to search defendant, therefore the contraband abandoned by defendant because of the search was properly suppressed at trial); (where defendant abandoned cocaine after he was illegally stopped, the abandonment was the suppressible fruit of the illegality); (officers did not have probable cause to search passenger in a car, therefore the marijuana defendant tried to abandon becaus
State v. Carter 596 N.W.2d 654 Minn. 1999
State v. Carter 596 N.W.2d 654 Minn. 1999
State v. Wilson 594 N.W.2d 268 Minn. Ct. App. 1999