Cited by
Opinions in Minnesota that cite State v. Harris, 590 N.W.2d 90.
- Bruce Joseph Fischbach v. Commissioner of Public Safety Minn. Ct. App. 2014
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Bruce Joseph Fischbach v. Commissioner of Public Safety
Minn. Ct. App. 2014
d 90, 102 (Minn. 1999) (“Whether consent was voluntary is determined by examining the 5 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. Becky Ann Rice Minn. Ct. App. 2014
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State of Minnesota v. Becky Ann Rice
Minn. Ct. App. 2014
at 880 (alteration in original) (quotation omitted); (holding that consent to search defendant was voluntary where two plainclothes officers entered a bus, announced their intention to question all passengers, told defendant that search was consensual, and asked to search him and his bag, because defendant unequivocally gave permission for the sear
- State of Minnesota v. Bradley Christopher Roehl Minn. Ct. App. 2014
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State of Minnesota v. Bradley Christopher Roehl
Minn. Ct. App. 2014
DECISION “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. Paul Joseph Cunningham Minn. Ct. App. 2014
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State of Minnesota v. Paul Joseph Cunningham
Minn. Ct. App. 2014
If “the facts are not in dispute, a reviewing court must determine whether a police officer’s actions constitute a seizure and if the officer articulated an adequate basis for the seizure.”
- State of Minnesota v. Cynthia Jayne Holmes-Buscher Minn. Ct. App. 2014
- Anna Marie Ashenbrenner v. Commissioner of Public Safety Minn. Ct. App. 2014
- Bryce Edward Ramthun v. Commissioner of Public Safety Minn. Ct. App. 2014
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State of Minnesota v. Cynthia Jayne Holmes-Buscher
Minn. Ct. App. 2014
DECISION “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.”
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Bryce Edward Ramthun v. Commissioner of Public Safety
Minn. Ct. App. 2014
To determine whether consent was voluntary, the totality of the circumstances must be examined, “including the nature of the encounter, the kind of person the defendant is, and what was said and how it was said.”
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Anna Marie Ashenbrenner v. Commissioner of Public Safety
Minn. Ct. App. 2014
To determine whether consent was voluntary, the totality of the circumstances must be examined “including the nature of the encounter, the kind of person the defendant is, and 3 what was said and how it was said.”
- State of Minnesota v. Chad Michael Smith Minn. Ct. App. 2014
- Pamela Marie Faust v. Commissioner of Public Safety Minn. Ct. App. 2014
- State of Minnesota v. Chad Michael Smith Minn. Ct. App. 2014
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Pamela Marie Faust v. Commissioner of Public Safety
Minn. Ct. App. 2014
See id.; (“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 .
- Nicolas Wilcox Hult v. Commissioner of Public Safety Minn. Ct. App. 2014
- Steven Paul Scheiterlein v. Commissioner of Public Safety Minn. Ct. App. 2014
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Steven Paul Scheiterlein v. Commissioner of Public Safety
Minn. Ct. App. 2014
In determining whether consent was voluntary, we 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.” (quotation omitted).
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Nicolas Wilcox Hult v. Commissioner of Public Safety
Minn. Ct. App. 2014
In determining whether consent was voluntary, we 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.” (quotation omitted).
- State v. Bernard 844 N.W.2d 41 Minn. Ct. App. 2014
- State v. Bernard 844 N.W.2d 41 Minn. Ct. App. 2014
- State v. Eichers 840 N.W.2d 210 Minn. Ct. App. 2013
- State v. Brooks 838 N.W.2d 563 Minn. 2013
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State v. Brooks
838 N.W.2d 563
Minn. 2013
Whether consent is voluntary is determined by examining the “totality of the circumstances.”
- McCaughtry v. City of Red Wing 831 N.W.2d 518 Minn. 2013
- State v. Klamar 823 N.W.2d 687 Minn. Ct. App. 2012
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State v. Klamar
823 N.W.2d 687
Minn. Ct. App. 2012
“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.”
- Sanchez v. State 816 N.W.2d 550 Minn. 2012
- Carlton v. State 816 N.W.2d 590 Minn. 2012
- Sanchez v. State 816 N.W.2d 550 Minn. 2012
- McCaughtry v. City of Red Wing 816 N.W.2d 636 Minn. Ct. App. 2012
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McCaughtry v. City of Red Wing
816 N.W.2d 636
Minn. Ct. App. 2012
As indicated above, our supreme court has previously held that Article I, Section 10 of the Minnesota Constitution is “textually identical to the Fourth Amendment” and that decisions of the Supreme Court interpreting the Fourth Amendment are “inherently persuasive.” Wiegand, d at 132 ; (indicating that Article 1, Section 10 of the Minnesota Constitution, precluding unreasonable searches and seizures, “is identical to the provision against unreasonable searches and seizures found in the Fourth Am
- State v. Smith 814 N.W.2d 346 Minn. 2012
- State v. Smith 814 N.W.2d 346 Minn. 2012
- State v. Craig 807 N.W.2d 453 Minn. Ct. App. 2011
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State v. Craig
807 N.W.2d 453
Minn. Ct. App. 2011
But 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.”
- State v. Diede 795 N.W.2d 836 Minn. 2011
- State v. Diede 795 N.W.2d 836 Minn. 2011
- State v. Hollins 789 N.W.2d 244 Minn. Ct. App. 2010
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State v. Hollins
789 N.W.2d 244
Minn. Ct. App. 2010
ANALYSIS I. “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 v. Flermoen 785 N.W.2d 787 Minn. Ct. App. 2010
- State v. Flermoen 785 N.W.2d 787 Minn. Ct. App. 2010
- State v. Krenik 774 N.W.2d 178 Minn. Ct. App. 2009
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State v. Krenik
774 N.W.2d 178
Minn. Ct. App. 2009
I. “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 v. Beall 771 N.W.2d 41 Minn. Ct. App. 2009
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State v. Beall
771 N.W.2d 41
Minn. Ct. App. 2009
“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 v. Kail 760 N.W.2d 16 Minn. Ct. App. 2009