Cited by
Opinions in Minnesota that cite Novak v. State, 349 N.W.2d 830.
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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”).
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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) ().
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State of Minnesota, Respondent,
Minn. Ct. App. 2025
see Whiteley v. Warden, 401 U.S. 560, 564–65, 568 (1971).
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State of Minnesota, Appellant,
Minn. Ct. App. 2024
at 623 ( -33 (Minn. 1984)).
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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
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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
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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).
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State of Minnesota, Respondent,
Minn. Ct. App. 2019
d 830, 832-33 (Minn. 1984).
- State of Minnesota, Respondent, Minn. Ct. App. 2019
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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 .
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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
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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
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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
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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
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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
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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
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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
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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
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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
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State v. Cavegn
356 N.W.2d 671
Minn. 1984
The issue of probable cause to believe that items will be found in a