Cited by
Opinions in Minnesota that cite State v. Shellito, 594 N.W.2d 182.
- Daud Dayib Gamadid, petitioner, Respondent, Minn. Ct. App. 2026
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State of Minnesota, Respondent,
Minn. Ct. App. 2026
In evaluating conflicting evidence, “the district court has the discretion to draw its own conclusions and make factual findings from its independent review of a video recording of a traffic stop.”
- State of Minnesota v. Paul Stephen Schaefer Minn. Ct. App. 2025
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State of Minnesota v. Paul Stephen Schaefer
Minn. Ct. App. 2025
for the proposition that we may “make factual findings from [an] independent review” of the deputy’s dash-camera video.
- 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
To establish that an individual voluntarily consented to a search, the onus is on the state to prove that the consent was given freely and was “manifestly voluntary.” d 90, 102 (Minn. 1999) (holding that the state must show by a preponderance of the evidence that consent was given freely and voluntarily).
- State of Minnesota, Respondent, Minn. Ct. App. 2023
- State of Minnesota, Appellant, Minn. Ct. App. 2023
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
To establish that an individual voluntarily consented to a search, the onus is on the state to prove that the consent was given freely and was “manifestly voluntary.” See State v. Shellito , (holding that state must show by a preponderance of the ev idence that consent was given freely and voluntarily).
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Joshua John Leary, petitioner, Appellant,
Minn. Ct. App. 2019
(holding “the district court has the discretion to draw its own conclusions and make factual findings from its independent review of a video recording of a traffic stop,” and, in cases of conflicting evidence, “the district court must make findings of fact”); see also Minn. R. Civ.
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State of Minnesota, Appellant,
Minn. Ct. App. 2018
In evaluating conflicting evidence, “the district court has the discretion to draw its own conclusions and make factual findings from its independent review of a video recording of a traffic stop.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
(stating an officer’s observation of a sing le traffic violation provided reasonable grounds to support a stop).
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
at 353; (upholding an initial stop, in part, because the officer “receiv[ed] slightly different stories” from the two vehicle occupants) ; see also United States v. Sanchez, 417 F.3d 971, 975 (8th Cir. 2005) (“[C]onflicting stories may provide justification to expand the scope of the stop and detain
- State of Minnesota v. Marco Allen Coney Minn. Ct. App. 2016
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State of Minnesota v. Marco Allen Coney
Minn. Ct. App. 2016
Even when findings of fact are based solely on documentary evidence, they “shall not be set aside unless clearly erroneous.”1 (quoting Minn. R. Civ.
- Roger William Kuehn v. Commissioner of Public Safety Minn. Ct. App. 2016
- Roger William Kuehn v. Commissioner of Public Safety Minn. Ct. App. 2016
- State of Minnesota v. Tou Vang Pal Lor Minn. Ct. App. 2015
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State of Minnesota v. Tou Vang Pal Lor
Minn. Ct. App. 2015
See Rohde, d at 256-66 (examining whether the facts demonstrated that the officer “plan[ned] to arrest Rohde or take her to jail” before choosing to impound the vehicle); 186 (Minn. App. 1999) (explaining the district court may make factual findings from its “independent review of a video recording of a traffic stop,” which are reviewed for clear error).
- Lester Leroy Hiltz, Jr. v. Commissioner of Public Safety Minn. Ct. App. 2015
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Lester Leroy Hiltz, Jr. v. Commissioner of Public Safety
Minn. Ct. App. 2015
(stating that we defer to the district court’s factual findings based on squad car video evidence the same as findings based on oral or documentary evidence).
- Mitchell Frank Mack v. Commissioner of Public Safety Minn. Ct. App. 2015
- Mitchell Frank Mack v. Commissioner of Public Safety Minn. Ct. App. 2015
- Lucas Gordon Bunde v. Commissioner of Public Safety Minn. Ct. App. 2014
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Lucas Gordon Bunde v. Commissioner of Public Safety
Minn. Ct. App. 2014
luding the suspect’s precise words, the volume at which the words were spoken, the volume relative to the suspect’s other words, the positions of participants and the recorder in the room, and the actions and impressions of the suspect and officer, among others—[that] can be discerned from the recording, if one is available, and from the testimony of the people involved”); (“We hold that the district court has the discretion to draw its own conclusions and make factual findings from its independ
- State v. Wagner 637 N.W.2d 330 Minn. Ct. App. 2001
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State v. Wagner
637 N.W.2d 330
Minn. Ct. App. 2001
(findings of fact reviewed under clearly erroneous standard).
- State v. Lopez 631 N.W.2d 810 Minn. Ct. App. 2001
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State v. Lopez
631 N.W.2d 810
Minn. Ct. App. 2001
(citations omitted) (stating that the consent of a defendant who is being illegally detained may be “tainted by the illegality” and therefore invalid).
- State v. Tomaino 627 N.W.2d 338 Minn. Ct. App. 2001
- Distinguished State v. Tomaino 627 N.W.2d 338 Minn. Ct. App. 2001