Cited by

Opinions in Minnesota that cite Johnson v. Commissioner of Public Safety, 366 N.W.2d 347.

63 citing documents.

Charles Wayne Weyhrauch, petitioner, Appellant, Minn. Ct. App. 2025
Safety , , 350 (Minn. App. 1985) .
State of Minnesota, Respondent, Minn. Ct. App. 2021
Safety , d 347, 350 (Minn. App. 1985) (discussing the deference due when evaluating whether an officer had probable cause to require a breath test).
Jodie Kay Raskovich v. Commissioner of Public Safety Minn. Ct. App. 2016
Jodie Kay Raskovich v. Commissioner of Public Safety Minn. Ct. App. 2016
Jason Richard Montonye v. Commissioner of Public Safety Minn. Ct. App. 2015
Jason Richard Montonye v. Commissioner of Public Safety Minn. Ct. App. 2015
Safety, (finding that probable cause existed to invoke the implied-consent procedure in part because of a driver’s 3 admission of driving).
Michelle MacDonald Shimota v. Commissioner of Public Safety Minn. Ct. App. 2015
Michelle MacDonald Shimota v. Commissioner of Public Safety Minn. Ct. App. 2015
Antone William Guimont v. Commissioner of Public Safety Minn. Ct. App. 2015
Antone William Guimont v. Commissioner of Public Safety Minn. Ct. App. 2015
Safety, (quotation omitted).
Carlson Real Estate Co. v. Soltan 549 N.W.2d 376 Minn. Ct. App. 1996
Carlson Real Estate Co. v. Soltan 549 N.W.2d 376 Minn. Ct. App. 1996
Safety, accord Green v. Independent Consol.
Davis v. Commissioner of Public Safety 509 N.W.2d 380 Minn. Ct. App. 1994
Davis v. Commissioner of Public Safety 509 N.W.2d 380 Minn. Ct. App. 1994
Commissioner of Public Safety v. Shewchuk 412 N.W.2d 434 Minn. Ct. App. 1987
Commissioner of Public Safety v. Shewchuk 412 N.W.2d 434 Minn. Ct. App. 1987
“Probable cause exists where all the facts and circumstances would warrant a cautious person to believe that the suspect was driving or operating a vehicle while under the influence.” (citations omitted).
Andersen v. Commissioner of Public Safety 410 N.W.2d 17 Minn. Ct. App. 1987
Hedstrom v. Commissioner of Public Safety 410 N.W.2d 47 Minn. Ct. App. 1987
Andersen v. Commissioner of Public Safety 410 N.W.2d 17 Minn. Ct. App. 1987
Probable cause exists when “all the facts and circumstances would warrant a cautious person to believe the suspect was driving or operating a vehicle while under the influence.”
Hedstrom v. Commissioner of Public Safety 410 N.W.2d 47 Minn. Ct. App. 1987
It must be evaluated from the point of view of a “prudent and cautious” police officer at the time of arrest, and “[g]reat deference should be paid to the officer’s experience and judgment.” (citations omitted).
Overline v. State, Commissioner of Public Safety 406 N.W.2d 23 Minn. Ct. App. 1987
Overline v. State, Commissioner of Public Safety 406 N.W.2d 23 Minn. Ct. App. 1987
141 , 11 L.Ed.2d 94 (1963); (Minn.Ct.App.
Kurosak v. Commissioner of Public Safety 402 N.W.2d 826 Minn. Ct. App. 1987
Kurosak v. Commissioner of Public Safety 402 N.W.2d 826 Minn. Ct. App. 1987
Weldon v. Commissioner of Public Safety 400 N.W.2d 816 Minn. Ct. App. 1987
Weldon v. Commissioner of Public Safety 400 N.W.2d 816 Minn. Ct. App. 1987
Sens v. Commissioner of Public Safety 399 N.W.2d 602 Minn. Ct. App. 1987
Pesterfield v. Commissioner of Public Safety 399 N.W.2d 605 Minn. Ct. App. 1987
Pesterfield v. Commissioner of Public Safety 399 N.W.2d 605 Minn. Ct. App. 1987
Sens v. Commissioner of Public Safety 399 N.W.2d 602 Minn. Ct. App. 1987
Probable cause must be evaluated from the point of view of a “prudent and cautious police officer on the scene at the time of the arrest.” (quoting from State v. Harris, 265 Minn. 260, 264 , , cert.
Johnson v. Commissioner of Public Safety 394 N.W.2d 614 Minn. Ct. App. 1986
Johnson v. Commissioner of Public Safety 394 N.W.2d 614 Minn. Ct. App. 1986
Ledin v. Commissioner of Public Safety 393 N.W.2d 433 Minn. Ct. App. 1986
Butterfield v. Commissioner of Public Safety 393 N.W.2d 515 Minn. Ct. App. 1986
Butterfield v. Commissioner of Public Safety 393 N.W.2d 515 Minn. Ct. App. 1986
Ledin v. Commissioner of Public Safety 393 N.W.2d 433 Minn. Ct. App. 1986
Eggersgluss v. Commissioner of Public Safety 387 N.W.2d 892 Minn. Ct. App. 1986
Eggersgluss v. Commissioner of Public Safety 387 N.W.2d 892 Minn. Ct. App. 1986
Dietrich did not announce any new or novel principle of implied consent law, 1 but merely applied the familiar rule that probable cause exists only “where all the facts and circumstances would warrant a cautious person to believe that the suspect was driving or operating a vehicle while under the influence.”
State v. Grohoski 390 N.W.2d 348 Minn. Ct. App. 1986
State v. Grohoski 390 N.W.2d 348 Minn. Ct. App. 1986
I. The numerous cases discussing probable cause in an implied consent con *351 : Probable cause exists where all the facts and circumstances would warrant a cautious person to believe that the suspect was driving or operating a vehicle while under the influence.
Llona v. Commissioner of Public Safety 389 N.W.2d 210 Minn. Ct. App. 1986
Llona v. Commissioner of Public Safety 389 N.W.2d 210 Minn. Ct. App. 1986
The standard for determining probable cause has been clearly set out: Probable cause exists where all the facts and circumstances would warrant a cautious person to believe that the suspect was driving or operating a vehicle while under the influence.
Delong v. Commissioner of Public Safety 386 N.W.2d 296 Minn. Ct. App. 1986
Delong v. Commissioner of Public Safety 386 N.W.2d 296 Minn. Ct. App. 1986
Connor v. Commissioner of Public Safety 386 N.W.2d 242 Minn. Ct. App. 1986
Connor v. Commissioner of Public Safety 386 N.W.2d 242 Minn. Ct. App. 1986
Musgjerd v. Commissioner of Public Safety 384 N.W.2d 571 Minn. Ct. App. 1986
Musgjerd v. Commissioner of Public Safety 384 N.W.2d 571 Minn. Ct. App. 1986
See, (strong odor of alcohol on breath, slurred speech, watery and bloodshot eyes and diluted pupils which were slow to adjust to light).
Foster v. Commissioner of Public Safety 381 N.W.2d 512 Minn. Ct. App. 1986
Foster v. Commissioner of Public Safety 381 N.W.2d 512 Minn. Ct. App. 1986