Cited by
Opinions in Minnesota that cite State v. Souto, 578 N.W.2d 744.
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State of Minnesota v. Vilaysack Sirimanothay
Minn. Ct. App. 2015
that contraband or evidence of a crime will be found in a particular place,” (quotation omitted), because a search-warrant affidavit must include evidence of “facts so 6 closely related to the time of the issue of the warrant as to justify a finding of probable cause at that time,” (quotation omitted).
- State of Minnesota v. Roger Earl Holland 865 N.W.2d 666 Minn. 2015
- State of Minnesota v. Roger Earl Holland 865 N.W.2d 666 Minn. 2015
- State of Minnesota v. Kunta Kinta Viverette Minn. Ct. App. 2015
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State of Minnesota v. Kunta Kinta Viverette
Minn. Ct. App. 2015
(citing Illinois v. Gates, 462 U.S. 213, 238, 103 S. Ct. 2317, 2332 (1983)).
- State of Minnesota v. Timothy George Clark Minn. Ct. App. 2015
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State of Minnesota v. Timothy George Clark
Minn. Ct. App. 2015
To evaluate the informant’s credibility, the district court “should consider the ‘basis of knowledge’ and ‘veracity’ of the informant supplying hearsay information.” (d 744, 750 (Minn. 1998)).
- STATE of Minnesota, Respondent, v. Kyle Dean McCLAIN, Appellant 862 N.W.2d 717 Minn. Ct. App. 2015
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STATE of Minnesota, Respondent, v. Kyle Dean McCLAIN, Appellant
862 N.W.2d 717
Minn. Ct. App. 2015
We consider whether the information presented in the affidavits provided to support probable cause presents “specific facts to establish a direct connection between the alleged criminal activity and the site to be searched.”
- State of Minnesota v. Albert Hester, III Minn. Ct. App. 2015
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State of Minnesota v. Albert Hester, III
Minn. Ct. App. 2015
y that contraband or evidence of a crime will be found in a particular place,” (quotation omitted), because a search-warrant affidavit must include evidence of “facts so closely related to 6 the time of the issue of the warrant as to justify a finding of probable cause at that time,” (quotation omitted).
- State of Minnesota v. Willie Ester Waters Minn. Ct. App. 2015
- State of Minnesota v. Willie Ester Waters Minn. Ct. App. 2015
- State of Minnesota v. Gene Charles Walters, Jr. Minn. Ct. App. 2015
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State of Minnesota v. Gene Charles Walters, Jr.
Minn. Ct. App. 2015
(“The proof must be of facts so closely related to the time of the issue of the warrant as to justify a finding of probable cause at that time.” (quotation omitted)).
- State of Minnesota v. Devon Griffen Seivers Minn. Ct. App. 2015
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State of Minnesota v. Devon Griffen Seivers
Minn. Ct. App. 2015
d 744, 750 (Minn. 1998) (citing Gates, 462 U.S. at 238, 103 S. Ct. at 2332).
- State of Minnesota v. Carliss David-Lee Johnson Minn. Ct. App. 2014
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State of Minnesota v. Carliss David-Lee Johnson
Minn. Ct. App. 2014
See, (holding that no probable cause was established to search a defendant’s residence when the supporting affidavit did not allege that the defendant ever arranged, sold, or distributed drugs, including from her home); –19 (Minn. App. 1996) (holding that the issuing jud
- 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 of Minnesota v. Leon Abb Barnes Minn. Ct. App. 2014
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State of Minnesota v. Leon Abb Barnes
Minn. Ct. App. 2014
But our consideration is limited to the information presented in the affidavit in support of the search warrant, and Detective Sweitzer’s affidavit says nothing about the search of apartment 304 besides his conversation with the resident.
- State of Minnesota v. Zephaniah James Skarja Minn. Ct. App. 2014
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State of Minnesota v. Zephaniah James Skarja
Minn. Ct. App. 2014
There must be “a direct connection, or nexus, between the alleged crime and the particular place to be searched, particularly in cases involving the search of a residence for evidence of drug activity.” -48 (Minn. 1998).
- State v. Yarbrough 841 N.W.2d 619 Minn. 2014
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State v. Yarbrough
841 N.W.2d 619
Minn. 2014
Yarbrough argues that the search warrant affidavit failed to establish a “direct connection,” or nexus, between his alleged criminal activity and the place to be searched.
- State v. Yarbrough 828 N.W.2d 489 Minn. Ct. App. 2013
- State v. Yarbrough 828 N.W.2d 489 Minn. Ct. App. 2013
- State v. Jenkins 782 N.W.2d 211 Minn. 2010
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State v. Jenkins
782 N.W.2d 211
Minn. 2010
2 Wayne R. LaFave, Search and Seizure: A Treatise on the Fourth Amendment, § 3.7(d) (4th ed. 2004).
- State v. Fort 768 N.W.2d 335 Minn. 2009
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State v. Fort
768 N.W.2d 335
Minn. 2009
We consider whether the information presented in the affidavits provided to support probable cause presents “specific facts to establish a direct connection between the alleged criminal activity and the site to be searched.”
- State v. Holiday 749 N.W.2d 833 Minn. Ct. App. 2008
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State v. Holiday
749 N.W.2d 833
Minn. Ct. App. 2008
(citing Gates, 462 U.S. at 238 , 103 S.Ct.
- State v. McGrath 706 N.W.2d 532 Minn. Ct. App. 2005
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State v. McGrath
706 N.W.2d 532
Minn. Ct. App. 2005
The affidavit must supply specific facts to establish a “direct connection, or nexus,” between the crime alleged and the place to be searched, “particularly in cases involving the search of a residence for evidence of drug activity.” -48 (Minn.1998), Because a stale factual basis may invalidate a search warrant, id.
- State v. Carter 697 N.W.2d 199 Minn. 2005
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State v. Carter
697 N.W.2d 199
Minn. 2005
Nonetheless, in examining the issuing judge’s basis for finding probable cause, we look only to information presented in the affidavit and not to information that the police possessed but did not present in the affidavit to determine whether there were “specific facts to establish a direct connection between the alleged criminal activity and the site to be searched.”
- State v. King 690 N.W.2d 397 Minn. Ct. App. 2005
- State v. King 690 N.W.2d 397 Minn. Ct. App. 2005
- State v. Brennan 674 N.W.2d 200 Minn. Ct. App. 2004
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State v. Brennan
674 N.W.2d 200
Minn. Ct. App. 2004
The Minnesota Supreme Court “has historically required a direct connection, or nexus, between the alleged crime and the particular place to be searched.”
- State v. Miller 666 N.W.2d 703 Minn. 2003
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State v. Miller
666 N.W.2d 703
Minn. 2003
Appellant argues that the affidavit supplied by Sergeant Christensen as part of the warrant application was too subjective, vague and conclusory to justify issuance of the second warrant for the seizure of the plastic female head sex toy, as-support for this argument.
- State v. Papadakis 643 N.W.2d 349 Minn. Ct. App. 2002
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State v. Papadakis
643 N.W.2d 349
Minn. Ct. App. 2002
“Elements bearing on this probability include information linking the crime to the place to be searched and the freshness of the information.”
- State v. Botelho 638 N.W.2d 770 Minn. Ct. App. 2002
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State v. Botelho
638 N.W.2d 770
Minn. Ct. App. 2002
(“ ‘[T]he proof must be * * * closely related to the time of the issue of the warrant * * * to justify a finding of probable cause at that time.’ ” (quoting Sgro v. United States, 287 U.S. 206, 210 , 53 S.Ct.
- State v. Rochefort 631 N.W.2d 802 Minn. 2001