Cited by
Opinions in Minnesota that cite Cohen v. Cowles Media Co., 479 N.W.2d 387.
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State of Minnesota v. Terry Carlton Ross
Minn. Ct. App. 2021
(recognizing that “credibility of witnesses and the weight to be given their testimony are determinations to be made by the factfinder” and district court’s credibility determinations are “accord[ed] great deference”) (quotation omitted)).
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State of Minnesota v. Thomas Eric Walbridge
Minn. Ct. App. 2021
-43 (Minn. 1992), aff’d sub nom.
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State of Minnesota v. M.N.M
Minn. Ct. App. 2021
See State v. Dickerson , (recognizing that “credibility of witnesses and the weight to be given their testimony are determinations to be made by the factfinder” and district court’s credibility determinations are “accord[ed] great deference” (quo tation omitted)).
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State of Minnesota v. Sonya Faye Olson
Minn. Ct. App. 2021
The district court is in the best position to make findings on credibility, and nothing in th e record shows that the district court abused its discretion when it found Olson’s testimony at the plea-withdrawal hearing not credible.
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State of Minnesota v. Timothy John Wright
Minn. Ct. App. 2021
aff’d, 508 U.S. 366, 113 S. Ct. 2130 (1993).
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Minnesota Bank & Trust v. 11 Water LLC, et al., David Jon Monson
Minn. Ct. App. 2021
The question is “whether enforcement is required to prevent an injustice.”
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State of Minnesota v. Dewayne Romel Holmes
Minn. Ct. App. 2021
“Terry holds that police may stop and frisk a person when (1) they have a reasonable, articulable suspicion that a suspect might be engaged in criminal activity and (2) the officer reasonably believes the suspect might be armed and dangerous .” aff’d, 508 U.S. 366, 113 S. Ct. 2130 11 (1993).
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State of Minnesota v. Resa Lynn Gauthier
Minn. Ct. App. 2021
When an officer has a reasonable suspicion that the suspect is armed and dangerous, the officer may conduct “a carefully limited frisk for weapons.” (citing Terry, 392 U.S. at 30, 88 S. Ct. at 1884), aff’d, 508 U.S. 366, 113 S. Ct. 2130 (1993).
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State of Minnesota v. Antoine Phillip Demry
Minn. Ct. App. 2021
See United States v. Pelusio, 725 F.2d 161, 166 (2d Cir. 1983) (considering officers’ knowledge of defendants’ brother’s murder and likelihood of retaliation as motive for earlier crime under totality of circumstances); (noting that presence in high -crime area is independently insufficient to justify a stop but that “departure from a building with a history of drug activity” factored into totality of circumstances).
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State of Minnesota v. John Chrystopher Murdock
Minn. Ct. App. 2021
aff’d , 508 U.S. 366, 113 S. Ct. 2130 (1993).
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State of Minnesota v. Rafeti Alexander de Sala de la Rosa
Minn. Ct. App. 2021
When officers lack probable 3 A Terry search is “a carefully limited frisk for weapons.” d 840, 846 (Minn. 1992) (quoting Terry, 392 U.S. at 30, 88 S. Ct. at 1884).
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State of Minnesota v. Brenden Reynolds
Minn. Ct. App. 2021
Under Terry, police may “stop and frisk a person when (1) they have a reasonable, articulable suspicion that a suspect might be engaged in criminal activity and (2) the officer reasonably believes the suspect might be armed and dangerous.” (citing Terry, 392 U.S. at 30 , 88 S. Ct. at 1884 ), aff’d, 508 U.S. 366 , 113 S. Ct. 2130 (1993).
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Donald Gordon Moore v. State of Minnesota
Minn. Ct. App. 2020
(recognizing that “credibility of witnesses and the weight to be given their testimony are determinations to be made by the factfinder” and district court’s credibility determinations are “accord[ed] great deference” (quotation omitted)).
- Casimir Robert Krithers v. State of Minnesota Minn. Ct. App. 2020
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State of Minnesota v. Douglas Bert Melby, III
Minn. Ct. App. 2020
-43 (Minn. 1992), aff’d sub nom.
- State of Minnesota v. John Evans Minn. Ct. App. 2020
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State of Minnesota v. Kristoffer Marshall Anderson
Minn. Ct. App. 2020
Florida v. Rodriguez, 469 U.S. 1, 6, 105 S. Ct. 308, 311 (1984); , aff’d by Minnesota v. Dickerson , 508 U.S .
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State of Minnesota v. Frankie Dylan Dircks
Minn. Ct. App. 2020
6 When reviewing a suppression order, we examine the district court’s factual findings for clear error, and defer to the district court’s credibility determinations, State v. Dickerson
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State of Minnesota v. Christian John Donnelly
Minn. Ct. App. 2020
State v. Dickerson, 5 (citing Terry v. Ohio, 392 U.S. 1, 30, 88 S. Ct. 1868, 1884 (1968)).
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State of Minnesota v. Irwin James Sam
Minn. Ct. App. 2020
d 469, 473 (Minn. 2010) (“[T]he trier of fact is in the best position to determine credibility and weigh the evidence.”); State v. Dickerson , (“[Appellate courts] accord great deference to the [district] court’s determinations [because] .
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State of Minnesota v. Lee Daniel Williams
Minn. Ct. App. 2020
See State v. Dickerson , (recognizing that the “credibility of witnesses and the weight to be given their testimony are determinations to be made by the factfinder” and district court’s credibility determinations are “accord[ed] great deference” (citation and quotation omitted)).
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State of Minnesota v. Randall Scott Seelye
Minn. Ct. App. 2020
The Terry exception stems from the United States Supreme Court’s holding in Terry v. Ohio, which permits police to “stop and frisk a person when (1) they have a reasonable, articulable suspicion that a suspect might be engaged in criminal activity and (2) the officer reasonably believes the suspect mi ght be armed and dangerous.” (citing Terry v. Ohio, 392 U.S. 1, 30, 88 S. Ct. 1868, 1884 (1968)), aff’d, 508 U.S. 366, 113 S. Ct. 2130 (1993).
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State of Minnesota v. Brad Donald Tomlinson
Minn. Ct. App. 2019
aff’d, 508 U.S. 366, 113 S. Ct. 2130 (1993).
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State of Minnesota v. Jennifer Tasha Stiel
Minn. Ct. App. 2019
The Terry exception permits police to “stop and frisk a person when (1) they have a reasonable, articulable suspicion that a suspec t might be engaged in criminal activity and (2) the officer reasonably believes the suspect might be armed and dangerous.” (citing Terry, 392 U.S. at 30, 88 S. Ct. at 1884), aff’d, 508 U.S. 366, 113 S. Ct. 2130 (1993).
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State of Minnesota v. Cody Padraic Trott
Minn. Ct. App. 2019
aff’d, 508 U.S. 366, 113 S. Ct. 2130 (1 993).
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State of Minnesota v. Cornelius Palmer
Minn. Ct. App. 2019
However, police “may stop and frisk a person when (1) they have a reasonable, articulable suspicion that a suspect might be engaged in criminal activity and (2) the officer reasonably believes the suspect might be armed and dangerous.” State v. Dickerson , (citing Terry v. Ohio, 392 U.S. 1, 30, 88 S. Ct. 1868, 1884 (1968)).
- Ernesto Reyes-Alcazar v. State of Minnesota Minn. Ct. App. 2019
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State of Minnesota v. Jordan David Stuckey
Minn. Ct. App. 2019
xception, the police may, without a warrant, seize an object they believe to be evidence of a crime, provided: “(1) [the] police are legitimately in the position from which they view the object; (2) they have a lawful right of access to the object; and (3) the object’s incriminating nature is immediately apparent.” (-45 (Minn. 1992).
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State of Minnesota v. Phillip Joseph Porter
Minn. Ct. App. 2019
Under Terry, “police may stop and frisk a per son when (1) they have a reas onable, articulable suspicion that a suspect might be engaged in criminal activity and (2) the officer reasonably believes the suspect might be armed and dangerous.” (citing Terry, 392 U.S. at 30, 88 S. Ct. at 1884).
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State of Minnesota v. Demarcus Lemaine Barker
Minn. Ct. App. 2019
aff’d, 508 U.S. 366, 113 S. Ct. 2130 (1993).
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State of Minnesota v. Dwayne Andre Garner
Minn. Ct. App. 2018
(holding that great deferenc e is given to the trial court’s determinations of witness credibility, and th e appropriate weight to be 13 given to witness testimony rests within the province of the factfinder), aff’d, 508 U.S. 366 (1993); Johnson, d at 387 (“[T]he inconsistencies and re
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State of Minnesota v. Andrew Timothy Barnett
Minn. Ct. App. 2018
” State v. Dickerson , aff’d, Minnesota v. Dickerson, 508 U.S. 366, 113 S. Ct. 2130 (1993).
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State of Minnesota v. Robert Howard Nordquist
Minn. Ct. App. 2018
“The credibility of witnesses and the wei ght to be given their testimony are determinations to be made by the factfinder.” State v. Dickerson , (quotation omitte d).
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State of Minnesota v. Keith Lamar Robinson
Minn. Ct. App. 2018
aff’d, Minnesota v. Dickerson , 508 U.S. 366, 113 S. Ct. 2130 (1993).
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State of Minnesota v. Kyle Steven Kottom
Minn. Ct. App. 2018
4 D E C I S I O N When reviewing a district court’ s pretrial order on a motion to suppress evidence, we review the district court’s factual findings under a clearly erroneous standard, , and defer to the district court’s credibility determinations
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State v. Davis
910 N.W.2d 50
Minn. Ct. App. 2018
See, e.g., *57 State v. Dickerson , , 843 (Minn. 1992), aff'd , 508 U.S. 366 , 113 S.Ct.
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State of Minnesota v. Jonathan David Janssen
Minn. Ct. App. 2018
We generally defer to a di strict court’s credibility determinations, which the record supports here.
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State of Minnesota v. Song John Vue
Minn. Ct. App. 2018
Although an individual’s presence in a high-crime area does not by itself justify a stop, “officers are not required to ignore the relevant ch aracteristics of a location in determining whether the circumstances are su fficiently suspicious to warrant further investigation.” Illinois v. Wardlow, 528 U.S. 119, 124, 120 S. Ct. 673, 676 (2000).
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State of Minnesota v. George Earl Heinrich
Minn. Ct. App. 2018
aff’d 508 U.S. 366, 113 S. Ct. 2130 (1993) (upholding legality of stop when officers observed the defendant depart from a building that had a history of drug activity , and defendant avoided eye contact with police); see also M.D.R., d at 449 (upholding legality of stop when officers
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State of Minnesota v. Sherman Lee Williams
Minn. Ct. App. 2018
8 (during valid Terry stop, permitting frisk of a defendant if police reasonably suspect that the defendant could be armed and dangerous), aff’d, 508 U.S. 366, 113 S. Ct. 2130 (1993).
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State of Minnesota v. Michael Raymond Burke
Minn. Ct. App. 2018
State v. Dickerson , aff’d, 508 U.S. 366, 113 S. Ct. 2130 (1993).
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State of Minnesota v. Melissa Marie Fostvedt
Minn. Ct. App. 2017
(stating that district court findings are not reversed unless clearly erroneous, and great deference is given to court’s determinations regarding credibility of witnesses), aff’d, 508 U.S. 366, 113 S. Ct. 2130 (1993); see also State v. Klamar , (stating that
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State of Minnesota v. Christopher Jerome Hill
Minn. Ct. App. 2017
“[P]olice may stop and frisk a person when (1) they have a reasonable, articulable suspicion that a suspect might be engaged in criminal activity and (2) the officer reasonably believes the suspect might be armed and dangerous.” (citation omitted).
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State of Minnesota v. Jason James Johnson
Minn. Ct. App. 2017
Wardlow, 528 U.S. at 124, 120 S. Ct. at 676; State v. Dickerson
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State of Minnesota v. Sean Patrick Brinkman
Minn. Ct. App. 2017
State v. Dickerson , aff’d, 508 U.S. 366, 113 S. Ct. 2130 (1993).
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State of Minnesota v. Christopher Blane Hughes
Minn. Ct. App. 2017
Under Terry, “police may stop and frisk a person when (1) they have a reasonable, articulable suspicion that a suspect might be engaged in criminal activity and (2) the officer reasonably believes the suspect might be armed and dangerous.” ( Dickerson I) (citing Terry, 392 U.S. at 30, 88 S. Ct. at 1884), aff’d, 508 U.S. 366, 113 S. Ct. 2130 (1993).
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State of Minnesota v. Jamaul Anthony Brisco-Turner
Minn. Ct. App. 2017
See State v. Dickerson , (stating that “defendant’s evasive conduct after eye contact 7 with police .
- Doran Development, LLC v. Southeast Properties, Inc., Wael Sakallah Appellant, Sakallah Development, LLC, et al., third party plaintiffs, … Minn. Ct. App. 2017
- State of Minnesota v. Lamar King Minn. Ct. App. 2017
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State of Minnesota v. Jovon Nathan Freshwater
Minn. Ct. App. 2017
(quoting Katz v. United States, 389 U.S. 347, 357, 88 S. Ct. 507, 514 (1967)).