Cited by
Opinions in Minnesota that cite State v. Howard, 373 N.W.2d 596.
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
But “[m]ere acquiescence on a claim of police authority or submission in the face of a show of force is, of course, not enough.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
d 596, 599 (Minn. 1985).
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
Santana , 427 U.S. at 42-43, 96 S. Ct. at 2409-10; 599 n.1 (Minn. 1985) (noting, 11 in part, that appellant’s arrest would have been valid even if he had retreated into the home because officers “initiated the arrest as soon as [appellant] opened the door, identifying themselves and stating their purpose either when they crossed the threshold to seize [appe
- State of Minnesota v. Nathan John Reynolds Minn. Ct. App. 2015
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State of Minnesota v. Nathan John Reynolds
Minn. Ct. App. 2015
(noting that the consent necessary under Payton, is “consent to enter, not consent to arrest”).
- 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
A warrantless seizure that was “initiated at the threshold of a suspect’s residence” is not prohibited “if the suspect voluntarily opens the door.”
- State of Minnesota v. Christine Marie McGinty Minn. Ct. App. 2015
- State of Minnesota v. Christine Marie McGinty Minn. Ct. App. 2015
- State of Minnesota v. Robert Stephen Mendez Minn. Ct. App. 2014
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State of Minnesota v. Robert Stephen Mendez
Minn. Ct. App. 2014
“Mere acquiescence on a claim of police authority or submission in the face of a show of force is, of course, not enough.”
- State of Minnesota v. Christopher Steven Pettinelli Minn. Ct. App. 2014
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State of Minnesota v. Christopher Steven Pettinelli
Minn. Ct. App. 2014
(citing United States v. Watson, 423 U.S. 411, 96 S. Ct. 820 (1976)).
- Gerald John Westman v. Commissioner of Public Safety Minn. Ct. App. 2014
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Gerald John Westman v. Commissioner of Public Safety
Minn. Ct. App. 2014
(“Mere acquiescence on a claim of police authority or submission in the face of a show of force is, of course, not enough.”).
- State of Minnesota v. Becky Ann Rice Minn. Ct. App. 2014
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State of Minnesota v. Becky Ann Rice
Minn. Ct. App. 2014
see also Schneckloth v. Bustamonte, 412 U.S. 218, 225-26, 93 S. Ct. 2041, 2047 (1973) (stating that a person is coerced when “his will has been overborne and his capacity for self-determination critically impaired” (quotation omitted)); Dezso, d at 880 (“[I]t is at the point when an enc
- State v. Diede 795 N.W.2d 836 Minn. 2011
- State v. Diede 795 N.W.2d 836 Minn. 2011
- State v. Kua Vang 636 N.W.2d 329 Minn. Ct. App. 2001
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State v. Kua Vang
636 N.W.2d 329
Minn. Ct. App. 2001
2041, 2046-48 , 36 L.Ed.2d 854 (1973) (analyzing determination of voluntary consent); (stating district court should determine validity of consent based on all relevant circumstances).
- State v. George 557 N.W.2d 575 Minn. 1997
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State v. George
557 N.W.2d 575
Minn. 1997
at 2047-48 ; (citing Schneck-loth ).
- State v. Paul 536 N.W.2d 649 Minn. Ct. App. 1995
- State v. Paul 536 N.W.2d 649 Minn. Ct. App. 1995
- State v. Lotton 527 N.W.2d 840 Minn. Ct. App. 1995
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State v. Lotton
527 N.W.2d 840
Minn. Ct. App. 1995
2041, 2047 , 36 L.Ed.2d 854 (1973)
- State v. Dezso 512 N.W.2d 877 Minn. 1994
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State v. Dezso
512 N.W.2d 877
Minn. 1994
(“Mere acquiescence on a claim of police authority or submission in the face of a show of force is, of course, not enough.”).
- Negaard v. Commissioner of Public Safety 500 N.W.2d 148 Minn. Ct. App. 1993
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Negaard v. Commissioner of Public Safety
500 N.W.2d 148
Minn. Ct. App. 1993
the court found consent where the police knocked on the door before they entered, the suspect opened the door and stepped back manifesting consent by his welcoming behavior.
- State v. Othoudt 482 N.W.2d 218 Minn. 1992
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State v. Othoudt
482 N.W.2d 218
Minn. 1992
2041, 2047-48 , 36 L.Ed.2d 854 (1973)
- In Re the Welfare of D.A.G. 474 N.W.2d 419 Minn. Ct. App. 1991
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In Re the Welfare of D.A.G.
474 N.W.2d 419
Minn. Ct. App. 1991
at 1792, as is submission to “a show of force.”
- State v. Othoudt 469 N.W.2d 321 Minn. Ct. App. 1991
- State v. Othoudt 469 N.W.2d 321 Minn. Ct. App. 1991
- State v. Alayon 459 N.W.2d 325 Minn. 1990
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State v. Alayon
459 N.W.2d 325
Minn. 1990
2406 , 49 L.Ed.2d 300 (1976)
- Costillo v. Commissioner of Public Safety 416 N.W.2d 730 Minn. 1987
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Costillo v. Commissioner of Public Safety
416 N.W.2d 730
Minn. 1987
See, -99 (Minn.1985) (Payton does not prohibit nonexigent warrantless arrest initiated at threshold of a suspect’s residence if suspect voluntarily opens the door in response to knocking by the police).
- Carlin v. Commissioner of Public Safety 413 N.W.2d 249 Minn. Ct. App. 1987
- Carlin v. Commissioner of Public Safety 413 N.W.2d 249 Minn. Ct. App. 1987
- Pullen v. Commissioner of Public Safety 412 N.W.2d 780 Minn. Ct. App. 1987
- Pullen v. Commissioner of Public Safety 412 N.W.2d 780 Minn. Ct. App. 1987
- Overline v. State, Commissioner of Public Safety 406 N.W.2d 23 Minn. Ct. App. 1987
- Overline v. State, Commissioner of Public Safety 406 N.W.2d 23 Minn. Ct. App. 1987
- Pesterfield v. Commissioner of Public Safety 399 N.W.2d 605 Minn. Ct. App. 1987
- Pesterfield v. Commissioner of Public Safety 399 N.W.2d 605 Minn. Ct. App. 1987