Cited by

Opinions in Minnesota that cite Novak v. State, 349 N.W.2d 830.

37 citing documents.

  • State of Minnesota, Respondent, Minn. Ct. App. 2025
    See Yarbrough, d at 622 ( stating that “direct observation of evidence of a crime at the place to be searched is not required” and “nexus may be inferred from the totality of the circumstances” based on the facts in the warrant affidavit); (determining that a “magistrate was justified in issuing [a search] warrant” based on “all the information contained in the [warrant] affidavit and reasonable inferences therefrom”).
  • State of Minnesota, Respondent, Minn. Ct. App. 2025
    But the supreme court has also acknowledged that, “under certain circumstances, it may be permissible for a magistrate to infer that drugs would be found in the home of a ‘drug wholesaler.’” Harris, d at 789 (quoting Souto, d at 748) ().
  • State of Minnesota, Respondent, Minn. Ct. App. 2025
    see Whiteley v. Warden, 401 U.S. 560, 564–65, 568 (1971).
  • State of Minnesota, Appellant, Minn. Ct. App. 2024
    at 623 ( -33 (Minn. 1984)).
  • State of Minnesota, Respondent, Minn. Ct. App. 2023
    See (stating that a person who deals large quantities of drugs is likely to store drugs at their residence); (stating that it is reasonable to infer that one who sells drugs from their automobile would keep a supply of drugs at their residence, es
  • State of Minnesota, Respondent, Minn. Ct. App. 2020
    at 623; -33 (Minn. 1984) (stating there may be an “increased .
  • State of Minnesota, Respondent, Minn. Ct. App. 2020
  • State of Minnesota, Appellant, Minn. Ct. App. 2019
    The state argues the district court erred when it determined that the affidavit failed to establish that J.R. was a “drug wholesaler.” The Minnesota Supreme Court has created a distinction between a casual drug user and a “drug wholesaler.” -33 (Minn. 1984).
  • State of Minnesota, Respondent, Minn. Ct. App. 2019
    d 830, 832-33 (Minn. 1984).
  • State of Minnesota, Respondent, Minn. Ct. App. 2019
  • State of Minnesota, Respondent, Minn. Ct. App. 2019
    was “in route from [Frisbie’s] residence —or at least still nearby the residence —at the time [he] was stopped by law enforcement.” 2 She argues, therefore, that the warrant failed to include in formation that would contradict “inferences in the affidavit,” and “reasonably lead a reader to infer something that the affiant knew not to be true.” -33 (Minn. 1984) (providing that a failure to include information that would contradict “inferences in the affidavit .
  • State of Minnesota, Respondent, Minn. Ct. App. 2018
    because someone had stolen ‘a large amount of crack cocaine from him ’”); (determining that there was a sufficient nexus where the affidavit established that the defendant was “involved in the drug business as a wholesaler, that he lived in a residence in Austin, that he had two cars, and that after arranging on the telephone to sell a large amount of marijuana to an un
  • State of Minnesota, Respondent, Minn. Ct. App. 2017
  • State of Minnesota v. Wyatt Morris Howard Minn. Ct. App. 2016
  • State of Minnesota v. Wyatt Morris Howard Minn. Ct. App. 2016
    See, d 830, 833 (Minn. 1984) (concluding that, “considering all the information contained in the affidavit and reasonable inferences therefrom,” the issuing magistrate was justified in finding probable cause to search an established marijuana dealer’s home for marijuana).
  • State of Minnesota v. Gene Charles Walters, Jr. Minn. Ct. App. 2015
  • State of Minnesota v. Gene Charles Walters, Jr. Minn. Ct. App. 2015
  • State of Minnesota v. Janice Marie Cortes Minn. Ct. App. 2014
  • State of Minnesota v. Janice Marie Cortes Minn. Ct. App. 2014
    n.2 (Minn. 1998); -33 (Minn. 1984).
  • State v. Yarbrough 841 N.W.2d 619 Minn. 2014
  • State v. Yarbrough 841 N.W.2d 619 Minn. 2014
    Regarding drug evidence, we have drawn a distinction between a “drug wholesaler” and a “casual user.” See Harris, d at 789 ; -33 (Minn.1984).
  • State v. Secord 614 N.W.2d 227 Minn. Ct. App. 2000
  • State v. Secord 614 N.W.2d 227 Minn. Ct. App. 2000
    -33 (Minn.1984) (affidavit supported inference that marijuana would be found in appellant’s residence following sale that did not take place at that house, where there was no evidence that appellant stored marijuana elsewhere or obtained it from others before making sale).
  • State v. Harris 589 N.W.2d 782 Minn. 1999
  • State v. Harris 589 N.W.2d 782 Minn. 1999
    We did not dispute that, under certain circumstances, it may be permissible for a magistrate to infer that drugs would be found in the home of a “drug wholesaler.” Id at 748
  • State v. Bynum 579 N.W.2d 485 Minn. Ct. App. 1998
  • State v. Bynum 579 N.W.2d 485 Minn. Ct. App. 1998
    -833 (Minn.1984) (affidavit supported inference that marijuana would be found in appellant’s residence following sale that did not take place at that house, where there was no evidence that appellant stored marijuana elsewhere or obtained it from others before making sale).
  • State v. Souto 578 N.W.2d 744 Minn. 1998
  • State v. Souto 578 N.W.2d 744 Minn. 1998
  • State v. Kahn 555 N.W.2d 15 Minn. Ct. App. 1996
  • State v. Kahn 555 N.W.2d 15 Minn. Ct. App. 1996
    (citing Whiteley v. Warden, 401 U.S. 560 , 91 S.Ct.
  • State v. Eggler 372 N.W.2d 12 Minn. Ct. App. 1985
  • State v. Eggler 372 N.W.2d 12 Minn. Ct. App. 1985
  • State v. Pierce 358 N.W.2d 672 Minn. 1984
  • State v. Pierce 358 N.W.2d 672 Minn. 1984
    The evidence of probable cause to believe that items will be found in a which cites prior cases of this court dealing with the same issue.
  • State v. Cavegn 356 N.W.2d 671 Minn. 1984
  • State v. Cavegn 356 N.W.2d 671 Minn. 1984
    The issue of probable cause to believe that items will be found in a