Cited by
Opinions in Minnesota that cite State v. Othoudt, 482 N.W.2d 218.
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State of Minnesota, Appellant,
Minn. Ct. App. 2018
D E C I S I O N “When reviewing pretrial orders on motions to suppress evidence, we may independently review the facts and determine, as a matter of law, whether the district court erred in suppressing—or not suppressing—the evidence.” ().
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State of Minnesota, Respondent,
Minn. Ct. App. 2018
3 “[W]hen reviewing a pr e-trial order suppressing evidence where the facts are not in dispute and the trial cour t’s decision is a question of law, the reviewing court may independently review the facts and determine, as a matter of law, whether the evidence need be suppressed.”
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State of Minnesota, Appellant,
Minn. Ct. App. 2018
“When reviewing pretrial orders on motions to suppress evidence, we may independently review the facts and determine, as a matter of law, whether the district court erred in suppressing—or not suppressing—the evidence.” ().
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State of Minnesota, Appellant,
Minn. Ct. App. 2018
“The question of whether consent is voluntary is a question of fact, and is based on all relevant circumstances.” d 218, 222 (Minn. 1992) (citing Schneckloth v. Bustamonte , 412 U.S. 218, 227, 93 S. Ct. 2041, 2047-48 (1973)).
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
“When reviewi ng pretrial orders on motions to suppress evidence, we may independently review the facts and determine, as a matter of law, whether the district court erred in suppressing—or not suppressing—the evidence.” ().
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State of Minnesota, Appellant,
Minn. Ct. App. 2017
Turning to that issue, this court “independently review[s] the facts and determine[s], as a matter of law, whether the district court erred in suppressing—or not suppressing— the evidence.” ().
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
IV; Minn. Const. art. I, § 10 ; see State v. Othoudt , -22 (Minn. 1992) .
- State v. Hunn 899 N.W.2d 541 Minn. Ct. App. 2017
- State v. Hunn 899 N.W.2d 541 Minn. Ct. App. 2017
- State of Minnesota, Respondent, Minn. Ct. App. 2017
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State of Minnesota, Respondent,
Minn. Ct. App. 2017
State v. Othoudt , –22 (Minn. 1992) (citing Katz v. United States, 389 U.S. 347, 357, 88 S. Ct. 507, 514 (1967)).
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State of Minnesota, Appellant,
Minn. Ct. App. 2017
(stating that “when reviewing a pre-trial order suppressing evidence where the facts are not in dispute and the trial court’s decision is a question of law, the reviewing court may independently review the facts and determine, as a matter of law, whether the evidence need be suppressed”).
- State of Minnesota, Respondent, Minn. Ct. App. 2017
- State of Minnesota v. Dillen James Hinkemeyer Minn. Ct. App. 2017
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State of Minnesota v. Dillen James Hinkemeyer
Minn. Ct. App. 2017
-22 (Minn. 1992) (citing Katz v. United States, 389 U.S. 347, 357, 88 S. Ct. 507, 514 (1967)).
- State of Minnesota v. Adam Blaine Davis Minn. Ct. App. 2017
- State of Minnesota v. Adam Blaine Davis Minn. Ct. App. 2017
- State of Minnesota v. Aaron James Helgeson Minn. Ct. App. 2017
- State of Minnesota v. Aaron James Helgeson Minn. Ct. App. 2017
- State of Minnesota v. Michael Douglas Metsala Minn. Ct. App. 2017
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State of Minnesota v. Michael Douglas Metsala
Minn. Ct. App. 2017
DECISION I. “When reviewing pretrial orders on motions to suppress evidence, we may independently review the facts and determine, as a matter of law, whether the district court erred in suppressing—or not suppressing—the evidence.” ().
- State of Minnesota v. Jose Martin Lugo, Jr. 887 N.W.2d 476 Minn. 2016
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State of Minnesota v. Jose Martin Lugo, Jr.
887 N.W.2d 476
Minn. 2016
We took a on an issue of warrantless arrest..
- State of Minnesota v. Marcus Wade Hall Minn. Ct. App. 2016
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State of Minnesota v. Marcus Wade Hall
Minn. Ct. App. 2016
DECISION “[W]hen reviewing a pre-trial order suppressing evidence where the facts are not in dispute and the [district] court’s decision is a question of law, the reviewing court may independently review the facts and determine, as a matter of law, whether the evidence need be suppressed.” -22 (Minn. 1992) (holding that, absent some manifestation of consent to an officer’s warrantless entry into a home, the entry is not made with consent).
- Michael John Frank v. Commissioner of Public Safety Minn. Ct. App. 2016
- Michael John Frank v. Commissioner of Public Safety Minn. Ct. App. 2016
- State of Minnesota v. David Irvin Hudson Minn. Ct. App. 2016
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State of Minnesota v. David Irvin Hudson
Minn. Ct. App. 2016
DECISION “When reviewing pretrial orders on motions to suppress evidence, we may independently review the facts and determine, as a matter of law, whether the district court erred in suppressing—or not suppressing—the evidence.” ().
- State of Minnesota v. Stuart Donald Luhm 880 N.W.2d 606 Minn. Ct. App. 2016
- State of Minnesota v. Stuart Donald Luhm 880 N.W.2d 606 Minn. Ct. App. 2016
- State of Minnesota v. Joshua Brandon Cochran Minn. Ct. App. 2016
- State of Minnesota v. Gregory Thomas Wandzel Minn. Ct. App. 2016
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State of Minnesota v. Joshua Brandon Cochran
Minn. Ct. App. 2016
“We may independently review facts that are not in dispute, and ‘determine, as a matter of law, whether the evidence need be suppressed.’” ().
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State of Minnesota v. Gregory Thomas Wandzel
Minn. Ct. App. 2016
hat there may be a burglary in progress or a medical emergency.” The district court further determined that “the officers would have been derelict in their duty had they not entered the home” and their “decision to enter the home without a warrant was reasonable.” We “independently review the facts and determine, as a matter of law, whether the evidence need be suppressed.”
- Jarrod Dwayne Miller v. State of Minnesota Minn. Ct. App. 2016
- Jarrod Dwayne Miller v. State of Minnesota Minn. Ct. App. 2016
- State of Minnesota v. Sonny Ray Juday Minn. Ct. App. 2016
- State of Minnesota v. Sonny Ray Juday Minn. Ct. App. 2016
- State of Minnesota v. Christopher Gary Zurek Minn. Ct. App. 2016
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State of Minnesota v. Christopher Gary Zurek
Minn. Ct. App. 2016
DECISION “When reviewing pretrial orders on motions to suppress evidence, we may independently review the facts and determine, as a matter of law, whether the district court erred in suppressing—or not suppressing—the evidence.” ().
- State of Minnesota v. Ronald Wayne Johnson Minn. Ct. App. 2015
- State of Minnesota v. Ronald Wayne Johnson Minn. Ct. App. 2015
- State of Minnesota v. Iri Armando Ruiz-Deleon Minn. Ct. App. 2015
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State of Minnesota v. Iri Armando Ruiz-Deleon
Minn. Ct. App. 2015
(citing Katz v. United States, 389 U.S. 347, 357, 88 S. Ct. 507, 514 (1967)).
- State of Minnesota v. Nathan John Reynolds Minn. Ct. App. 2015
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State of Minnesota v. Nathan John Reynolds
Minn. Ct. App. 2015
(noting that the consent necessary under Payton, is “consent to enter, not consent to arrest”).
- Kristin Marie Poeschel v. Commissioner of Public Safety 871 N.W.2d 39 Minn. Ct. App. 2015
- Kristin Marie Poeschel v. Commissioner of Public Safety 871 N.W.2d 39 Minn. Ct. App. 2015
- Corey James Wright v. Commissioner of Public Safety Minn. Ct. App. 2015