Cited by
Opinions in Minnesota that cite State v. Cripps, 533 N.W.2d 388.
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State of Minnesota v. Amanda Sue Thorne
Minn. Ct. App. 2014
A reasonable, articulable suspicion exists if the police officer can present “a particularized and objective basis for suspecting the seized person of criminal activity.”
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State of Minnesota v. Corey Joel Eichers
853 N.W.2d 114
Minn. 2014
In the same way that not all contact between citizens and police constitutes a seizure, “[n]ot all police dealings with containers and other items are sufficiently intrusive to require that they be 1 Both provisions provide that “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures shall not be violat
- State of Minnesota v. Zachary Michael Staples Minn. Ct. App. 2014
- State of Minnesota v. Christopher Steven Pettinelli Minn. Ct. App. 2014
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State of Minnesota v. Christopher Steven Pettinelli
Minn. Ct. App. 2014
“[A] person has been seized if in view of all of the 13 circumstances surrounding the incident, a reasonable person would have believed that he or she was neither free to disregard the police questions nor free to terminate the encounter.” (stating that the question to be asked is whether, “looking at all of the facts, the conduct of the police would communicate to a reasonable person in the defendant’s physical circumstances an attempt by the police to capture or seize or
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State of Minnesota v. Zachary Michael Staples
Minn. Ct. App. 2014
To determine if there has been a seizure, we examine whether, “in view of all the circumstances surrounding the incident, a reasonable person would have believed that he or she was neither free to disregard the police questions nor free to terminate the encounter.”
- State of Minnesota v. Ronaldo Earl Rounds Minn. Ct. App. 2014
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State of Minnesota v. Ronaldo Earl Rounds
Minn. Ct. App. 2014
d 388, 391 (Minn. 1995).
- State of Minnesota v. Paul Joseph Cunningham Minn. Ct. App. 2014
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State of Minnesota v. Paul Joseph Cunningham
Minn. Ct. App. 2014
A seizure occurs if, “in view of all of the circumstances surrounding the incident, a reasonable person would have believed that he or she was neither free to disregard the police questions nor free to terminate the encounter.” see United States v. Mendenhall, 446 U.S. 544, 554, 100 S. Ct. 1870, 1877 (1980); (stating that “[i]n determining whether a seizure has occurred, the court determines whether a police officer’s actions would lead a reasonable person under t
- State v. Klamar 823 N.W.2d 687 Minn. Ct. App. 2012
- State v. Klamar 823 N.W.2d 687 Minn. Ct. App. 2012
- State v. Smith 814 N.W.2d 346 Minn. 2012
- State v. Diede 795 N.W.2d 836 Minn. 2011
- State v. Diede 795 N.W.2d 836 Minn. 2011
- State v. Timberlake 744 N.W.2d 390 Minn. 2008
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State v. Timberlake
744 N.W.2d 390
Minn. 2008
to support his argument that the investigatory stop in the present case was unlawful because officers had no reason to suspect that unlawful activity was afoot.
- Overvig v. Commissioner of Public Safety 730 N.W.2d 789 Minn. Ct. App. 2007
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Overvig v. Commissioner of Public Safety
730 N.W.2d 789
Minn. Ct. App. 2007
We must look to the totality of the circumstances surrounding the incident to determine if “a reasonable person would have believed that he or she was neither free to disregard the police questions nor free to terminate the encounter.”
- Kahn v. Griffin 701 N.W.2d 815 Minn. 2005
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Kahn v. Griffin
701 N.W.2d 815
Minn. 2005
squad car); (extending detention during a routine traffic stop constitutes a seizure); (short-term social guest in a host’s home had reasonable expectation of privacy); Wiegand, d at 132 (dog sniff of motor vehicle); Harris, (bus passenger not seized under state constitution); (seizure of an underage patron in a bar); Ascher v. Comm’r of Public Safety, (sobriety checkpoint roadblock to stop motor vehicles); (seizure of person standing on street corner); Fuller, (double jeopardy clause of state c
- State v. Syhavong 661 N.W.2d 278 Minn. Ct. App. 2003
- State v. Syhavong 661 N.W.2d 278 Minn. Ct. App. 2003
- State v. Fort 660 N.W.2d 415 Minn. 2003
- State v. Fort 660 N.W.2d 415 Minn. 2003
- State v. Bergerson 659 N.W.2d 791 Minn. Ct. App. 2003
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State v. Bergerson
659 N.W.2d 791
Minn. Ct. App. 2003
at 1880 ; (citing Florida v. Royer, 460 U.S. 491, 497-98 , 103 S.Ct.
- State v. Houston 654 N.W.2d 727 Minn. Ct. App. 2003
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State v. Houston
654 N.W.2d 727
Minn. Ct. App. 2003
() (citing Florida v. Royer, 460 U.S. 491, 497-98 , 103 S.Ct.
- State v. Johnson 645 N.W.2d 505 Minn. Ct. App. 2002
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State v. Johnson
645 N.W.2d 505
Minn. Ct. App. 2002
A seizure occurs “when the officer, by means of physical force or show of authority, has in some way restrained the liberty of a citizen.” (quotation omitted).
- State v. Tomaino 627 N.W.2d 338 Minn. Ct. App. 2001
- State v. Tomaino 627 N.W.2d 338 Minn. Ct. App. 2001
- Schuster v. Commissioner of Public Safety 622 N.W.2d 844 Minn. Ct. App. 2001
- Schuster v. Commissioner of Public Safety 622 N.W.2d 844 Minn. Ct. App. 2001
- State v. Haataja 611 N.W.2d 353 Minn. Ct. App. 2000
- State v. Haataja 611 N.W.2d 353 Minn. Ct. App. 2000
- State v. Carter 596 N.W.2d 654 Minn. 1999
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State v. Carter
596 N.W.2d 654
Minn. 1999
(citing both in holding that defendant was seized "within the meaning of Article 1, Section 10” of the Minnesota Constitution while not mentioning the Fourth Amend
- State v. Shellito 594 N.W.2d 182 Minn. Ct. App. 1999
- State v. Shellito 594 N.W.2d 182 Minn. Ct. App. 1999
- State v. Harris 590 N.W.2d 90 Minn. 1999
- State v. Harris 590 N.W.2d 90 Minn. 1999
- State v. Harris 572 N.W.2d 333 Minn. Ct. App. 1998
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State v. Harris
572 N.W.2d 333
Minn. Ct. App. 1998
In evaluating whether a seizure occurred, Minnesota courts determine whether a reasonable person in defendant’s position, based on the totality of the circumstances, would have believed that “he or she was neither free to disregard the police questions nor free to terminate the encounter.” Bostick, 501 U.S. at 436 , 111 S.Ct.
- State v. Ingram 570 N.W.2d 173 Minn. Ct. App. 1997
- State v. Ingram 570 N.W.2d 173 Minn. Ct. App. 1997
- State v. Bell 557 N.W.2d 603 Minn. Ct. App. 1996
- State v. Bell 557 N.W.2d 603 Minn. Ct. App. 1996
- State v. Fiebke 554 N.W.2d 755 Minn. Ct. App. 1996