Cited by
Opinions in Minnesota that cite State v. Harris, 590 N.W.2d 90.
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State of Minnesota v. Heather Delores Spry
Minn. Ct. App. 2020
See Schneckloth v. Bustamonte , 412 U.S. 218, 225 -26, 93 S. Ct. 2041, 6 2046-47 (1973); State v. Diede , 7 State v. Harris , -03 (Minn. 1999).
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Alex Jeffrey Mayer v. Commissioner of Public Safety
Minn. Ct. App. 2020
State v. Harris , d 90, 102 (Minn. 1999) (citation omitted).
- State of Minnesota v. Jose Salud Botello Vargas Minn. Ct. App. 2020
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Ellen Louise Arnt v. Commissioner of Public Safety
Minn. Ct. App. 2019
“Whether consent was voluntary is determined by examining ‘the totality of the circumstances, including the nature of the encount er, the kind of person the defendant is, and what was said and how it was said.’” (citation omitted).
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State of Minnesota,
Minn. 2019
The officer must be able to articulate more than an “inchoate and unparticularized suspicion or ‘hunch[.]’ ” Terry v. Ohio, 392 U.S. 1, 27 (1968)
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State of Minnesota v. Matthew William Vos
Minn. Ct. App. 2019
3 “Seizure occurs when the office r, by means of physical force or show of authority, has in some way re strained the liberty of a citizen.” (quotation omitted).
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State of Minnesota v. Brian John Abrahamson
Minn. Ct. App. 2019
ere violated, and the district court erred by denying his suppression motion, because he was misl ed about his obligation to undergo the PBT and HGN test.1 “When reviewing pretrial orders on mo tions to suppress evidence, we may independently review the facts and determine, as a matter of law, whether the district court erred in suppressing—or not suppressing—the evidence.”
- State of Minnesota v. David Barrientoz Minn. Ct. App. 2019
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Christopher London Walker v. State of Minnesota
Minn. Ct. App. 2019
(stating that officer “may draw inferences and deductions that might elude an untrained person”).
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State of Minnesota v. Shawn Casey Tope
Minn. Ct. App. 2019
Rather, a s eizure 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 of Minnesota v. Scott Lawrance Ziegler Minn. Ct. App. 2019
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State of Minnesota v. Ronald Jay Bolkema
Minn. Ct. App. 2019
dog sniff of [his] car.” Bolkema asks this court to “overturn the denial of [his] motion to suppress and reverse his conviction.” 1 In reviewing a district court’s decision to deny a motion to suppress evidence, this court “independently review[s] the facts and determine[s], as a matter of law, whether the district court erred in suppressing—or not suppressing—the evidence.”
- State of Minnesota v. Kirk Patrick Kalkbrenner Minn. Ct. App. 2019
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Joshua John Leary v. Commissioner of Public Safety
Minn. Ct. App. 2019
App. 1997) (quotation omitted), aff’d on other grounds
- State of Minnesota v. Dennis Dean Blumke Minn. Ct. App. 2019
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State of Minnesota v. Todd Alexander Gunther
Minn. Ct. App. 2019
ANALYSIS “When reviewing pretrial orders on motions to suppress evidence, we may independently review the facts and determine, as a matter of law, whether the district court erred in suppressing—or not suppressing—the evidence.”
- State of Minnesota v. Zong Lee Minn. Ct. App. 2019
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State of Minnesota v. Dylan David Tonn
Minn. Ct. App. 2019
To determine whether consent is voluntary, courts look at “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.” (quotation omitted).
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Adam Lindsay Williams v. Commissioner of Public Safety (A18-0970), State of Minnesota (A18-1103), vs. Adam Lindsay Williams
Minn. Ct. App. 2019
Indeed, the officer’s suspicion must be more than the product of “mere whim, caprice, or idle curiosity.” (quotation omitted), aff’d on other grounds
- State of Minnesota v. Scott Erwin Flowers Minn. Ct. App. 2019
- State of Minnesota v. James Martin Rusthoven Minn. Ct. App. 2019
- State of Minnesota v. Guytrell Edward Hawkins Minn. Ct. App. 2019
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State of Minnesota v. Phillip Joseph Porter
Minn. Ct. App. 2019
See Askerooth, d at 364 (concluding that each incremental intrusion during a stop must be justified by the circumstances that made the stop permissible, and an intrusion not closely related to those circumstances 6 invalidates the search or seizure unless independent probable cause or reasonable suspicion exists); see also State v. Harris , (explaining that pat search was justified by unusual nervousness, secretive movements, and attempt to conceal object).
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State of Minnesota v. Brandyn Lee Hulsebus
Minn. Ct. App. 2019
A district court determines voluntariness of consent by taking into consideration “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.” (quotation omitted).
- State of Minnesota v. Daniel Richard LeBre Minn. Ct. App. 2019
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Michael Neil Labrasca v. Commissioner of Public Safety
Minn. Ct. App. 2019
“Whether consent was voluntary is determined by examining the totality of the ci rcumstances, including the nature of the encounter, the kind of person the defendant is, and what was said and how it was said.” (quotation omitted).
- State of Minnesota v. Stephen Jon Unsworth Minn. Ct. App. 2018
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State of Minnesota v. Devell Eshawn Warren
Minn. Ct. App. 2018
because the other person to the encounter is a police officer.” (quotation omitted).
- State of Minnesota v. DeAntae Demond Davis Minn. Ct. App. 2018
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State of Minnesota v. Gary Walter Granger
Minn. Ct. App. 2018
see also United States v. Mendenhall, 446 U.S. 544, 552, 100 S. Ct. 1870, 1876 (1980)
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State of Minnesota v. Jared Lee Radermacher
Minn. Ct. App. 2018
“When reviewing pretrial orders on motions to suppress evidence, we may independently review the facts and determine, as a matter of law, whether the district court erred in suppressing—or not suppressing—the evidence.”
- Ries v. State 920 N.W.2d 620 Minn. 2018
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Ries v. State
920 N.W.2d 620
Minn. 2018
See State v. Harris , , 104 (Minn. 1999) (citing Terry , 392 U.S. at 30 , 88 S.Ct.
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State of Minnesota v. Ethan Malcolm Shepherd
Minn. Ct. App. 2018
Although a law -enforcement officer may seize a person based on a reasonable suspicion of criminal activity, “[n]ot all encounters between the police and citizens constitute seizures.”
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Ellen Louise Arnt v. Commissioner of Public Safety
Minn. Ct. App. 2018
9 circumstances, including the nature of the encounter, the kind of person the defendant is, and what was said and how it was said.” (quotation omitted).
- State of Minnesota v. Quentin Laurel Rasmussen Minn. Ct. App. 2018
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State of Minnesota v. Chad Harold Dyrdahl
Minn. Ct. App. 2018
D E C I S I O N “When reviewing pretrial orders on motions to suppress evidence, we may independently review the facts and determine, as a matter of law, whether the district court erred in suppressing—or not suppressing—the evidence.” ().
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State of Minnesota v. Benji Kenneth Woehle
Minn. Ct. App. 2018
“Not all encounters between the police and citizens constitute seizures.” State v. Harris
- State of Minnesota v. Benjamin Louis Yaeger Minn. Ct. App. 2018
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State of Minnesota v. Michael Lee Morgan
Minn. Ct. App. 2018
5 suppressing—or not suppre ssing—the evidence.” State v. Harris
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State of Minnesota v. Ashley Amy Schwartz
Minn. Ct. App. 2018
“When reviewing pretrial orders on motions to suppress evidence, [appellate courts] may independently review the facts and determine, as a matt er of law, whether the district court erred in suppressing—or not suppressing—the evidence.”
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John Cortland Robinson v. Commissioner of Public Safety
Minn. Ct. App. 2018
absolutely certain of the possibility of criminal activity, but he cannot satisfy the test of reasonableness by relying on an inchoate and unparticularized suspicion or hunch.” (quoting Terry v. Ohio, 392 U.S. 1, 27, 88 S. Ct. 1868, 1883 (1968)) (quotation marks omitted) , review denied (Minn. July 24, 2001) ; see also State v. Harris , (“ A hunch, without additional objectively articulable facts, c annot provide the ba sis for an investigatory stop.”).
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State of Minnesota v. Trenton John Horn
Minn. Ct. App. 2018
“When reviewing pretrial orders on motions to suppress evidence, [appellate courts] may independently review the facts and determine, as a matter of law, whether the district court erred in suppressing—or not suppressing—the evidence.” State v. Harris
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State of Minnesota v. Nathan William Quast
Minn. Ct. App. 2018
backpack located inside the car were lawful under the automobile exception to the warrant requirement.1 When reviewing a pretrial order suppre ssing evidence, we “independently review the facts and determine, as a matter of law, whether the district court erred in suppressing— or not suppressing—the evidence.” ().
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State of Minnesota v. Leanda Rae Muhonen
Minn. Ct. App. 2018
In reviewing a district court’s pretrial suppression ruling, “we may independently review the facts and determine, as a matter of law, whethe r the district court erred in suppressing—or not suppre ssing—the evidence.” State v. Harris
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State of Minnesota v. Jordan Lee Downwind
Minn. Ct. App. 2018
“When reviewing pretrial orders on motions to suppress evidence, [appellate courts] may independently review the facts and determine, as a matter of law, whether the district court erred in suppressing—or not suppressing—the evidence.” State v. Harris
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State of Minnesota v. Kendra Joanne Shulman
Minn. Ct. App. 2018
“When reviewing pretrial orders on motions to suppress evidence, [this court] may independently review the facts and determine, as a matter of law, whether the district court erred in suppressing—or not suppressing—the evidence.”
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State of Minnesota v. Deron Shandell Murphy
Minn. Ct. App. 2018
“When reviewing pretrial orders on motions to suppress evidence, we may independently review the facts and determine, as a matter of law, whether the district court erred in suppressing—or not suppressing—the evidence.” ().
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State of Minnesota v. John Duane Fairbanks
Minn. Ct. App. 2018
(internal citations omitted).
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State of Minnesota v. Xavier Richard Jamieson
Minn. Ct. App. 2018
“When reviewing pretrial orders on motions to suppress evidence, [appellate courts] may independently review the facts and determine, as a matter of law, whether the district court erred in suppressing—or not suppressing—the evidence.” State v. Harris