Cited by
Opinions in Minnesota that cite State v. Othoudt, 482 N.W.2d 218.
- State of Minnesota v. Jonathan Lawrence Markle Minn. Ct. App. 2014
- State of Minnesota v. Jonathan Lawrence Markle Minn. Ct. App. 2014
- Michael Eugene Kraus v. Commissioner of Public Safety Minn. Ct. App. 2014
- Danika Paige Anastasi v. Commissioner of Public Safety Minn. Ct. App. 2014
- Danika Paige Anastasi v. Commissioner of Public Safety 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
(citing Schneckloth v. Bustamonte, 412 U.S. 218, 93 S. Ct. 2041 (1973)).
- State of Minnesota v. Derek Lawrence Stavish 852 N.W.2d 906 Minn. Ct. App. 2014
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State of Minnesota v. Derek Lawrence Stavish
852 N.W.2d 906
Minn. Ct. App. 2014
“[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.”
- William Edwin Bredenbeck v. Commissioner of Public Safety Minn. Ct. App. 2014
- William Edwin Bredenbeck v. Commissioner of Public Safety Minn. Ct. App. 2014
- State of Minnesota v. Erica Ann Rohde 852 N.W.2d 260 Minn. 2014
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State of Minnesota v. Erica Ann Rohde
852 N.W.2d 260
Minn. 2014
(“[T]he reviewing court may independently review the facts and determine, as a matter of law, whether the evidence need be suppressed.”).
- Kevin Charles O'Brien v. Commissioner of Public Safety Minn. Ct. App. 2014
- State of Minnesota v. Becky Ann Rice Minn. Ct. App. 2014
- Neil Douglas Rollins v. Commissioner of Public Safety Minn. Ct. App. 2014
- State of Minnesota v. Terry Gene Anderson Minn. Ct. App. 2014
- Neil Douglas Rollins v. Commissioner of Public Safety Minn. Ct. App. 2014
- Kevin Charles O'Brien v. Commissioner of Public Safety Minn. Ct. App. 2014
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State of Minnesota v. Becky Ann Rice
Minn. Ct. App. 2014
2 Findings of fact are clearly erroneous if “we are left with the definite and firm conviction that a mistake occurred.” -47 (Minn. 2011).3 If there is reasonable evidence to support the district court’s findings, we will not disturb them.
- State of Minnesota v. Terry Gene Anderson Minn. Ct. App. 2014
- State of Minnesota v. Bradley Christopher Roehl Minn. Ct. App. 2014
- Landon Ricky Olesiak v. Commissioner of Public Safety Minn. Ct. App. 2014
- Brenda Lynne Schoenecker v. Commissioner of Public Safety Minn. Ct. App. 2014
- Landon Ricky Olesiak v. Commissioner of Public Safety Minn. Ct. App. 2014
- State of Minnesota v. Bradley Christopher Roehl Minn. Ct. App. 2014
- Brenda Lynne Schoenecker v. Commissioner of Public Safety Minn. Ct. App. 2014
- Jeremy Robert Christen v. Commissioner of Public Safety Minn. Ct. App. 2014
- Jeremy Robert Christen v. Commissioner of Public Safety Minn. Ct. App. 2014
- State of Minnesota v. Chad Michael Smith Minn. Ct. App. 2014
- Scott Marshall Karo v. Commissioner of Public Safety Minn. Ct. App. 2014
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State of Minnesota v. Chad Michael Smith
Minn. Ct. App. 2014
DECISION When reviewing a pre-trial order from a motion to suppress evidence, this court “may independently review the facts and determine, as a matter of law, whether the evidence need be suppressed.”
- Scott Marshall Karo v. Commissioner of Public Safety Minn. Ct. App. 2014
- State v. Thiel 846 N.W.2d 605 Minn. Ct. App. 2014
- State v. Thiel 846 N.W.2d 605 Minn. Ct. App. 2014
- State v. Bernard 844 N.W.2d 41 Minn. Ct. App. 2014
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State v. Bernard
844 N.W.2d 41
Minn. Ct. App. 2014
Consent is one established exception, and search incident to arrest is another, Arizona v. Gant, 556 U.S. 332, 338 , 129 S.Ct.
- State v. Rohde 839 N.W.2d 758 Minn. Ct. App. 2013
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State v. Rohde
839 N.W.2d 758
Minn. Ct. App. 2013
ANALYSIS “[W]hen 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 v. Hawkinson 812 N.W.2d 201 Minn. Ct. App. 2012
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State v. Hawkinson
812 N.W.2d 201
Minn. Ct. App. 2012
“[W]hen reviewing a pretrial 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.”
- Ellingson v. Commissioner of Public Safety 800 N.W.2d 805 Minn. Ct. App. 2011
- Ellingson v. Commissioner of Public Safety 800 N.W.2d 805 Minn. Ct. App. 2011
- State v. Diede 795 N.W.2d 836 Minn. 2011
- State v. Diede 795 N.W.2d 836 Minn. 2011
- State v. Wiggins 788 N.W.2d 509 Minn. Ct. App. 2010
- State v. Wiggins 788 N.W.2d 509 Minn. Ct. App. 2010
- State v. Lussier 770 N.W.2d 581 Minn. Ct. App. 2009
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State v. Lussier
770 N.W.2d 581
Minn. Ct. App. 2009
507, 514 , 19 L.Ed.2d 576 (1967)
- State v. Ortega 770 N.W.2d 145 Minn. 2009