Cited by

Opinions in Minnesota that cite Ascher v. Commissioner of Public Safety, 519 N.W.2d 183.

82 citing documents.

State of Minnesota v. Ivan Contreras-Sanchez Minn. 2026
State of Minnesota, Respondent, Minn. Ct. App. 2025
Safety, d 362, 366 (Minn. App. 1993), aff’d
Royce James Stute, petitioner, Appellant, Minn. Ct. App. 2024
Safety, 187 (Minn. 1994) (holding that law enforcement obtained evidence of the appellant’s intoxication from a sobriety checkpoint in violation of the Minnesota Constitution and overturning the district court’s decision to sustain license revocation); Olson v. Comm’r of Pub.
State of Minnesota, Respondent, Minn. Ct. App. 2024
Safety, (holding that a temporary roadblock to check for impaired drivers violated the Minnesota Constitution 12 because investigative stops must be supported by individualized articulable suspicion of wrongdoing).
State of Minnesota v. Michael Allan Carbo, Jr. 6 N.W.3d 114 Minn. 2024
State of Minnesota v. Michael Allan Carbo, Jr. 6 N.W.3d 114 Minn. 2024
Safety, d 183, 187 (Minn. 1994) (protection from suspicionless seizures at DUI checkpoints); (protection from unreasonable expansion of scope and extension of duration of seizures).
Tyler Edward Connell, Appellant, Minn. Ct. App. 2024
Safety , , 370 (Minn. App. 1993) (ordering rescission of a license revocation where the revocation stemmed from an unconstitutional sobriety checkpoint), aff’d
Explained State of Minnesota, Minn. 2023
–87 (Minn. 1994), we explained that Sitz inadequately balanced the state’s interests and individual privacy interests.
State of Minnesota, Respondent, Minn. Ct. App. 2021
Safety, (holding suspicionless seizures using DWI roadblocks violated Minn. Const. art I, § 10).
State of Minnesota, Respondent, Minn. Ct. App. 2021
Minn. 2020
State of Minnesota, Respondent, Minn. Ct. App. 2019
City of Golden Valley v. Wiebesick 899 N.W.2d 152 Minn. 2017
City of Golden Valley v. Wiebesick 899 N.W.2d 152 Minn. 2017
In particular, appellants point out that, in Ascher v. Commissione r of Public Safety, we concluded that there had been a sharp departure based on how the Court balanced the relevant interests
State of Minnesota v. Leona Rose deLottinville 890 N.W.2d 116 Minn. 2017
State of Minnesota v. Leona Rose deLottinville 890 N.W.2d 116 Minn. 2017
1536 , 149 L.Ed.2d 549 (2001), that a search or seizure during a traffic stop must be reasonable under Article I, Section 10 even when a minor law has been violated); B.R.K., d at 576-77 (holding, in the absence of Supreme Court precedent, that short-term social guests have a reasonable expectation of privacy under Article I, Section 10); Ascher v. Comm’r of Public Safety, (holding, contrary to Michigan Dep’t of State Police v. Sitz, 496 U.S. 444 , 110 S.Ct.
In re the Application for an Administrative Search Warrant, City of Golden Valley v. Jason Wiebesick, Jacki Wiebesick, … 881 N.W.2d 143 Minn. Ct. App. 2016
In re the Application for an Administrative Search Warrant, City of Golden Valley v. Jason Wiebesick, Jacki Wiebesick, … 881 N.W.2d 143 Minn. Ct. App. 2016
Safety, the district court concluded that individualized suspicion of a code violation is required for issuance of an administrative search warrant to conduct a rental-housing inspection, and denied the city’s application.
State of Minnesota, Respondent/Cross-Appellant v. Bonnie Ann Lindquist, Appellant/Cross-Respondent. 869 N.W.2d 863 Minn. 2015
State of Minnesota, Respondent/Cross-Appellant v. Bonnie Ann Lindquist, Appellant/Cross-Respondent. 869 N.W.2d 863 Minn. 2015
Safety, (sobriety-checkpoint roadblock constitutes an unreasonable seizure absent an “objective individualized articulable suspicion of criminal wrongdoing”); (seizure occurs when a reasonable person would not feel free to leave).
State of Minnesota v. Tyler Thomas Devries Morse Minn. Ct. App. 2015
State of Minnesota v. Tyler Thomas Devries Morse Minn. Ct. App. 2015
State of Minnesota v. David Ford McMurray 860 N.W.2d 686 Minn. 2015
State of Minnesota v. Michael James Berry Minn. Ct. App. 2015
State of Minnesota v. Michael James Berry Minn. Ct. App. 2015
Hoekstra v. Commissioner of Public Safety 839 N.W.2d 536 Minn. Ct. App. 2013
Hoekstra v. Commissioner of Public Safety 839 N.W.2d 536 Minn. Ct. App. 2013
Safety, aff'd, )), review denied (Minn. Mar.
McCaughtry v. City of Red Wing 831 N.W.2d 518 Minn. 2013
McCaughtry v. City of Red Wing 816 N.W.2d 636 Minn. Ct. App. 2012
McCaughtry v. City of Red Wing 816 N.W.2d 636 Minn. Ct. App. 2012
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
Safety, (temporary roadblocks to investigate driving under the influence struck down on the basis that police need reasonable, articulable suspicion before making an investigative stop).
Kahn v. Griffin 701 N.W.2d 815 Minn. 2005
Kahn v. Griffin 701 N.W.2d 815 Minn. 2005
stop constitutes a seizure); (short-term social guest in a host’s home had reasonable expectation of privacy); Wiegand, d at 132 (dog sniff of motor vehicle); Harris, (bus passenger not seized under state constitution); (seizure of an underage patron in a bar); Ascher v. Comm’r of Public Safety, (sobriety checkpoint roadblock to stop motor vehicles); (seizure of person standing on street corner); Fuller, (double jeopardy clause of state constitution did not bar retrial); O’ (warrant authorizing
State v. Carter 697 N.W.2d 199 Minn. 2005
State v. Askerooth 681 N.W.2d 353 Minn. 2004
State v. Askerooth 681 N.W.2d 353 Minn. 2004
State v. Colosimo 669 N.W.2d 1 Minn. 2003
State v. Colosimo 669 N.W.2d 1 Minn. 2003
State v. Henning 666 N.W.2d 379 Minn. 2003
State v. Henning 666 N.W.2d 379 Minn. 2003
r of Public Safety, we, exercising our independent authority to interpret the Minnesota Constitution, held that using roadblocks to stop all vehicles at sobriety checkpoints violates “Minn. Const, art. I, § 10, which we have long held generally requires the police to have an objective individualized articulable suspicion of criminal wrongdoing before subjecting a driver to an investigative stop.”
State v. Fort 660 N.W.2d 415 Minn. 2003
State v. Fort 660 N.W.2d 415 Minn. 2003
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 Ascher v. Comm’r of Public Safety, we declined to follow the Supreme Court’s holding in Michigan Dep’t of State Police v. Sitz, 496 U.S. 444 , 110 S.Ct.
State v. Larsen 650 N.W.2d 144 Minn. 2002
State v. Larsen 650 N.W.2d 144 Minn. 2002
We applied a balancing test in Ascher v... Comm’r of Public Safety, -87 (Minn.1994), and on facts similar to those in the Supreme Court decision in Sitz , we came to the opposite conclusion.
State v. Wiegand 645 N.W.2d 125 Minn. 2002
Criticized State v. Wiegand 645 N.W.2d 125 Minn. 2002