State v. Rochefort, 631 N.W.2d 802 (Minn. 2001). · Go Syfert
State v. Rochefort, 631 N.W.2d 802 (Minn. 2001). Cases Citing This Book View Copy Cite
80 citation events (80 in the last 25 years) across 2 distinct courts.
Treatment trajectory · 2002 → 2026 · click a year to view as-of
2002 2014 2026
Top citers, strongest first. 43 distinct citers. How cited ↗
cited Cited as authority (rule) State of Minnesota v. Seneca Warrior Steeprock
Minn. Ct. App. · 2024 · confidence medium
A warrant “must be supported by probable cause.” State 13 v. Rochefort, 631 N.W.2d 802, 804 (Minn. 2001) (first citing U.S. Const. amend.
discussed Cited as authority (rule) State of Minnesota v. Lyndon Akeem Wiggins
Minn. · 2024 · confidence medium
We review only the warrant application and supporting affidavits to determine if “the issuing judge ‘had a substantial basis for concluding that probable cause existed.’ ” State v. Fawcett, 884 N.W.2d 380 , 384–85 (Minn. 2016) (quoting State v. Rochefort, 9 631 N.W.2d 802, 804 (Minn. 2001)).
discussed Cited as authority (rule) State of Minnesota v. Dennis James McCormick
Minn. Ct. App. · 2017 · confidence medium
DECISION When reviewing whether there was probable cause to issue a search warrant, we “afford the district court’s determination great deference.” State v. Rochefort, 631 N.W.2d 802, 804 (Minn. 2001).
discussed Cited as authority (rule) State of Minnesota v. Justin Thomas Keodouangdy (2×) also: Cited "see"
Minn. Ct. App. · 2016 · confidence medium
State v. Rochefort, 631 N.W.2d 802, 804 (Minn. 2001) “When reviewing a judge’s decision to issue a search warrant, our only consideration is whether the issuing judge had a substantial basis for concluding that probable cause existed.” State v. Fawcett, 884 N.W.2d 380, 384 (Minn. 2016) (quotation omitted).
cited Cited as authority (rule) State of Minnesota v. Jared S. O�Donnell
Minn. Ct. App. · 2016 · confidence medium
State v. Rochefort, 631 N.W.2d 802, 804 (Minn. 2001).
cited Cited as authority (rule) State of Minnesota v. Wyatt Morris Howard
Minn. Ct. App. · 2016 · confidence medium
State v. Rochefort, 631 N.W.2d 802, 804 (Minn. 2001).
examined Cited as authority (rule) State of Minnesota v. Debra Lee Fawcett (4×)
Minn. · 2016 · confidence medium
When reviewing a judge’s decision to issue a search warrant, our only consideration is whether the issuing judge “had a substantial basis for concluding that probable cause existed.” State v. Rochefort, 631 N.W.2d 802, 804 (Minn. 2001).
discussed Cited as authority (rule) State of Minnesota v. David Michael Kepner
Minn. Ct. App. · 2016 · confidence medium
Probable cause to issue a search warrant exists when “there is a fair probability that contraband or evidence of a crime will be found in a particular place.” State v. Wiley, 366 N.W.2d 265, 268 (Minn. 1985) (quotation omitted). “[W]hen reviewing a district court’s probable cause determination made in connection with the issuance of a search warrant, an appellate court should afford the district court’s determination great deference.” State v. Rochefort, 631 N.W.2d 802, 804 (Minn. 2001).
discussed Cited as authority (rule) State of Minnesota v. Mark Anthony Sanders
Minn. Ct. App. · 2016 · confidence medium
“We have repeatedly held that, when reviewing a district court’s probable cause determination made in connection with the issuance of a search warrant, an appellate court should afford the district court’s determination great 4 deference.” State v. Rochefort, 631 N.W.2d 802, 804 (Minn. 2001) (citations omitted).
discussed Cited as authority (rule) State of Minnesota v. Dana Jerome Duncombe
Minn. Ct. App. · 2016 · confidence medium
When reviewing probable cause to issue a warrant, we give “the district court’s determination great deference.” State v. Rochefort, 631 N.W.2d 802, 804 (Minn. 2001). 4 We limit our review to considering whether the issuing judge had a substantial basis for determining that probable cause existed to support the warrant.
discussed Cited as authority (rule) State of Minnesota v. Robert James Fallin
Minn. Ct. App. · 2016 · confidence medium
Id. at 622-23 (citations omitted). “[W]hen reviewing a district court’s probable cause determination made in connection with the issuance of a search warrant, an appellate court should afford the district court’s determination great deference” and should consider only “whether the issuing judge had a substantial basis for concluding that probable cause existed.” State v. Rochefort, 631 N.W.2d 802, 804 (Minn. 2001).
cited Cited as authority (rule) State of Minnesota v. Vilaysack Sirimanothay
Minn. Ct. App. · 2015 · confidence medium
When reviewing whether there was probable cause to issue a warrant, we “afford the district court’s determination great deference.” State v. Rochefort, 631 N.W.2d 802, 804 (Minn. 2001).
discussed Cited as authority (rule) State of Minnesota v. Jeremy Fredrick Aguirre
Minn. Ct. App. · 2015 · confidence medium
The particularity requirement also “assures the individual whose property is searched or seized of the lawful authority of the executing officer, his need to search, and the limits of his power to search.” Groh v. Ramirez, 540 U.S. 551, 561 , 124 S. Ct. 1284, 1292 (2004) (quotation omitted). 6 Where a party challenges a district court’s issuance of a search warrant, “[the] appellate court reviews [the] district court’s decision to issue a warrant only to consider whether the issuing judge had a substantial basis for concluding that probable cause existed.” State v. Rochefort, 631 N…
cited Cited as authority (rule) State of Minnesota v. Thomas James Mitchell
Minn. Ct. App. · 2015 · confidence medium
Instead, we “afford the district court’s determination great deference.” State v. Rochefort, 631 N.W.2d 802, 804 (Minn. 2001).
cited Cited as authority (rule) State of Minnesota v. Ronald Keith Halverson
Minn. Ct. App. · 2015 · confidence medium
State v. Rochefort, 631 N.W.2d 802, 804 (Minn. 2001).
cited Cited as authority (rule) State of Minnesota v. Alondre Ramone Davis
Minn. Ct. App. · 2015 · confidence medium
State v. Rochefort, 631 N.W.2d 802, 804 (Minn. 2001).
discussed Cited as authority (rule) State of Minnesota v. Dane Joseph Riley (2×)
Minn. Ct. App. · 2015 · confidence medium
State v. Rochefort, 631 N.W.2d 802, 804 (Minn. 2001).
discussed Cited as authority (rule) State of Minnesota v. Timothy George Clark (2×) also: Cited "see"
Minn. Ct. App. · 2015 · confidence medium
State v. Rochefort, 631 N.W.2d 802, 804 (Minn. 2001).
discussed Cited as authority (rule) STATE of Minnesota, Respondent, v. Kyle Dean McCLAIN, Appellant (2×)
Minn. Ct. App. · 2015 · confidence medium
“An appellate court reviews a district court’s decision to issue a warrant only to consider whether the issuing judge had a substantial basis for concluding that probable cause existed.” State v. Rochefort, 631 N.W.2d 802, 804 (Minn.2001).
discussed Cited as authority (rule) State of Minnesota v. Ejay Freeman
Minn. Ct. App. · 2015 · confidence medium
This court gives great deference to the issuing judge’s finding of probable cause, and our review is limited “to ensuring that the issuing judge had a substantial basis for concluding that probable cause existed.” McGrath, 706 N.W.2d at 539 (citing State v. Rochefort, 631 N.W.2d 802, 804 (Minn. 2001)).
cited Cited as authority (rule) State of Minnesota v. Charles Edward Erdmann
Minn. Ct. App. · 2015 · confidence medium
State v. Rochefort, 631 N.W.2d 802, 804 (Minn. 2001).
discussed Cited as authority (rule) State of Minnesota v. Gene Charles Walters, Jr.
Minn. Ct. App. · 2015 · confidence medium
Instead, we are to “afford the district court’s determination great deference,” and only “consider whether the issuing judge had a substantial basis for concluding that probable cause existed.” State v. Rochefort, 631 N.W.2d 802, 804 (Minn. 2001).
cited Cited as authority (rule) State of Minnesota v. Vi Doan Huynh
Minn. Ct. App. · 2015 · confidence medium
State v. Rochefort, 631 N.W.2d 802, 804 (Minn. 2001).
cited Cited as authority (rule) State of Minnesota v. Donald Timothy Palardis
Minn. Ct. App. · 2014 · confidence medium
State v. Rochefort, 631 N.W.2d 802, 804 (Minn. 2001).
discussed Cited as authority (rule) State of Minnesota v. Larry Jermaine McCool
Minn. Ct. App. · 2014 · confidence medium
State v. Rochefort, 631 N.W.2d 802, 804-05 (Minn. 2001). “[T]he resolution of doubtful or marginal cases should be largely determined by the preference to be accorded warrants.” State v. Holiday, 749 N.W.2d 833, 840 (Minn. App. 2008) (quotation omitted).
cited Cited as authority (rule) State of Minnesota v. Carliss David-Lee Johnson
Minn. Ct. App. · 2014 · confidence medium
State v. Rochefort, 631 N.W.2d 802, 804 (Minn. 2001).
discussed Cited as authority (rule) State of Minnesota v. Derrick Deshawn Shumpert
Minn. Ct. App. · 2014 · confidence medium
Both the federal and state constitutions prohibit unreasonable searches and “demonstrate[ ] a strong preference for searches conducted pursuant to the authority of a warrant.” State v. Rochefort, 631 N.W.2d 802, 805 (Minn. 2001) (quotation omitted).
cited Cited as authority (rule) State of Minnesota v. Simeon Laderick Sharp
Minn. Ct. App. · 2014 · confidence medium
We afford great deference to “a district court’s probable cause determination made in connection with the issuance of a search warrant.” State v. Rochefort, 631 N.W.2d 802, 804 (Minn. 2001).
discussed Cited as authority (rule) State of Minnesota v. Zephaniah James Skarja
Minn. Ct. App. · 2014 · confidence medium
State v. Rochefort, 631 N.W.2d 802, 804 (Minn. 2001). “[O]ur only consideration is whether the judge issuing the warrant had a substantial basis for concluding that probable cause existed.” State v. Jenkins, 782 N.W.2d 211, 222-23 (Minn. 2010) (quotation omitted). 2 At the district court hearing, the parties cited different subdivisions of rule 26.01.
discussed Cited as authority (rule) State v. Jenkins
Minn. · 2010 · confidence medium
When reviewing a district court’s decision to issue a search warrant, our only consideration is whether the judge issuing the warrant “had a substan *223 tial basis for concluding that probable cause existed.” State v. Rochefort, 631 N.W.2d 802, 804 (Minn.2001).
cited Cited as authority (rule) State v. Fort
Minn. · 2009 · confidence medium
State v. Rochefort, 631 N.W.2d 802, 804 (Minn.2001).
cited Cited as authority (rule) State v. Jackson
Minn. Ct. App. · 2007 · confidence medium
State v. Wolf, 605 N.W.2d 381, 386 (Minn.2000) (statute); State v. Rochefort, 631 N.W.2d 802, 805 (Minn.2001) (warrantless search).
cited Cited as authority (rule) State v. Mohs
Minn. Ct. App. · 2007 · confidence medium
State v. Rochefort, 631 N.W.2d 802, 804 (Minn.2001).
discussed Cited as authority (rule) State v. Amundson (2×)
Minn. Ct. App. · 2006 · confidence medium
State v. Rochefort, 631 N.W.2d 802, 804 (Minn.2001).
cited Cited as authority (rule) State v. McGrath
Minn. Ct. App. · 2005 · confidence medium
State v. Rochefort, 631 N.W.2d 802, 804 (Minn. 2001); see also State v. Harris, 589 N.W.2d 782, 787-88 (Minn.1999); Papadakis, 643 N.W.2d at 355 .
discussed Cited as authority (rule) State v. Carter (2×)
Minn. · 2005 · confidence medium
A district court's decision to issue a search warrant is reviewed for "whether the issuing judge had a substantial basis for concluding that probable cause existed." State v. Rochefort, 631 N.W.2d 802, 804 (Minn.2001).
discussed Cited as authority (rule) State v. King
Minn. Ct. App. · 2005 · confidence medium
But “when reviewing a district court’s probable cause determination made in connection with the issuance of a search warrant, an appellate court should afford the district court’s determination great deference.” State v. Rochefort, 631 N.W.2d 802, 804 (Minn. *401 2001).
discussed Cited as authority (rule) State v. Jones (2×)
Minn. · 2004 · confidence medium
State v. Rochefort, 631 N.W.2d 802, 804 (Minn.2001).
discussed Cited as authority (rule) State v. Miller (2×)
Minn. · 2003 · confidence medium
Appellant's motion to suppress the evidence was denied by the district court at the conclusion of a Rasmussen hearing held immediately preceding appellant's trial. "[W]hen reviewing a district court's probable cause determination made in connection with the issuance of a search warrant [we] * * * afford the district court's determination great deference." State v. Rochefort, 631 N.W.2d 802, 804 (Minn.2001).
discussed Cited as authority (rule) State v. Botelho (2×) also: Cited "see"
Minn. Ct. App. · 2002 · confidence medium
State v. Rochefort, 631 N.W.2d 802, 804 (Minn.2001) (citation omitted).
discussed Cited "see" State v. Curtis
Minn. · 2018 · signal: see · confidence high
See State v. Rochefort , 631 N.W.2d 802 , 805 (Minn. 2001) (remanding the case to the court of appeals for application of the correct standard of review).
discussed Cited "see" State v. Koppi
Minn. Ct. App. · 2010 · signal: see · confidence high
See State v. Rochefort, 631 N.W.2d 802, 804 (Minn.2001) (determination of probable cause to issue a search warrant turns on “whether the issuing judge had a substantial basis for concluding that probable cause existed”); Mellett, 642 N.W.2d at 787-88 (district court’s determination regarding custody and necessity of Miranda warning are issues of law that are independently reviewed by appellate courts).
discussed Cited "see, e.g." State v. Gail (2×)
Minn. · 2006 · signal: see also · confidence medium
The application for the search warrant, "interpreted in a common-sense and realistic manner," must be found to "contain information which would warrant a person of reasonable caution to believe that the articles sought are located at the place to be searched." Rosillo v. State, 278 N.W.2d 747, 748-49 (Minn.1979); see also State v. Rochefort, 631 N.W.2d 802, 804 (Minn.2001) ("An appellate court reviews a district court's decision to issue a warrant only to consider whether the issuing judge had a substantial basis for concluding that probable cause existed.").
Retrieving the full opinion text from the archive…
STATE of Minnesota, Petitioner, Appellant,
v.
Rick Allen ROCHEFORT, Respondent
C2-00-148.
Supreme Court of Minnesota.
Jul 19, 2001.
631 N.W.2d 802
Mike Hatch, Attorney General, Kelly O’Neill Moller, Asst. Attorney General, St. Paul, Brian Roverud, Faribault County Attorney, Blue Earth, MN, for appellant., John M. Stuart, State Public Defender, Marie Wolf, Asst. State Public Defender, Minneapolis, MN, for respondent.
Lancaster.
Cited by 52 opinions  |  Published
Pinpoint authority: bottom 46%

OPINION

LANCASTER, Justice.

We granted review in this case to address a narrow question: What is the correct standard of review for an appellate court examining a district court’s probable cause determination made upon issuing a search warrant? The court of appeals reviewed the determination de novo. Because we conclude that the court of appeals erred in conducting a de novo review, we reverse and remand to that court for application of the correct, deferential standard of review.

On March 1, 1999, police executed a search warrant at respondent Rick Allen Rochefort’s residence and seized methamphetamine and various items used in the production of methamphetamine. In fact, all the products (or empty containers of those products) necessary to manufacture methamphetamine were discovered in the house. Based on the evidence seized that day, Rochefort was charged with three counts of first-degree controlled substance crime for the manufacture, possession, and sale of methamphetamine. See Minn.Stat. § 152.021, subds. 1(1) (sale), 2(1) (possession), and 2a (manufacture) (2000).

Rochefort filed a pretrial motion to suppress all evidence seized during the March 1 search. Rochefort argued to the district court that the warrant was not supported by probable cause. The court disagreed with Rochefort and denied his motion to suppress. After a three-day jury trial, Rochefort was found guilty of all three charges against him. He was sentenced to 98 months in prison.

Rochefort appealed his conviction to the court of appeals. He argued, among other things, that the affidavit submitted in support of the application for the search warrant did not provide a substantial basis for the issuing court’s probable cause determination. More specifically, he argued that the affidavit relied on various informants without establishing their reliability, that the information in the warrant application was stale, and that the primary allegation the district court relied on in issuing the warrant — two purchases of iodine crystals, a precursor for the manufacture of methamphetamine — was not sufficient to find probable cause.

The court of appeals agreed with Roche-fort that the warrant was not supported by probable cause. State v. Rochefort, 619 N.W.2d 564, 567 (Minn.App.2000). In reaching this conclusion, the court explained its standard of review as follows:

[*804] The United States and the Minnesota constitutions provide that warrants must be supported by probable cause. See U.S. Const.Amend. IV; Minn. Const. Art. I, § 10; State v. Bradford, 618 N.W.2d 782 (Minn.2000). Appellate courts give great deference to the factual findings of the court issuing a warrant and will reverse “only if clearly erroneous.” Bradford, 618 N.W.2d 782 (citation omitted). An appellate court re-vieius a probable cause determination de novo and analyzes whether “there was a substantial basis to conclude that probable cause existed.” Id. (citation omitted).
A search warrant may be issued if, based on the totality of the circumstances, “there is a fair probability that contraband or evidence of a crime will be found in a particular place.” In reviewing the sufficiency of an affidavit under the totality of the circumstances test, courts must be careful to avoid reviewing each component of the affidavit in isolation. Further, doubtful or marginal cases should be largely determined by the deference to be accorded to warrants.

Rochefort, 619 N.W.2d at 566 (emphasis added) (citations omitted). The court of appeals’ use of the de novo standard is the primary basis of the state’s argument to this court. The state contends that the court of appeals erred in conducting a de novo review, rather than a deferential review, of the probable cause determination made by the district court when it issued the warrant.

We have repeatedly held that, when reviewing a district court’s probable cause determination made in connection with the issuance of a search warrant, an appellate court should afford the district court’s determination great deference. E.g., State v. Harris, 589 N.W.2d 782, 787 (Minn.1999); State v. Souto, 578 N.W.2d 744, 747 (Minn.1998); State v. Zanter, 535 N.W.2d 624, 633 (Minn.1995); State v. Wiley, 366 N.W.2d 265, 268 (Minn.1985). Am appellate court reviews a district court’s decision to issue a warrant only to consider whether the issuing judge had a substantial basis for concluding that probable cause existed. Souto, 578 N.W.2d at 747. This standard of review is consistent with the standard used by the United States Supreme Court:

[W]e have repeatedly said that after-the-fact scrutiny by courts of the sufficiency of an affidavit [submitted in support of a search warrant application] should not take the form of de novo review. A magistrate’s determination of probable cause should be paid great deference by reviewing courts. A grudging or negative attitude by reviewing courts toward warrants is inconsistent with the Fourth Amendment’s strong preference for searches conducted pursuant to a warrant * * *.

Illinois v. Gates, 462 U.S. 213, 236, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983) (emphasis added) (internal quotation marks and citations omitted). Therefore, to the extent that the court of appeals applied a de novo standard of review in this case, we reverse. [1]

Our deferential standard of review for probable cause determinations made in connection with issuance of a search warrant must not be confused with[*805] the standard we apply when reviewing probable cause determinations made by police for warrantless searches. Unlike cases involving searches conducted pursuant to a warrant, we do conduct a de novo review of probable cause determinations made in connection with ivarrantless searches. In re Welfare of G.M., 560 N.W.2d 687, 690 (Minn.1997) (“This court will review de novo a trial court’s determination of reasonable suspicion as it relates to Terry * * * stops and probable cause as it relates to warrantless searches.” (footnote omitted)). This standard is, again, consistent with that enunciated by the Supreme Court. Ornelas v. United States, 517 U.S. 690, 691, 116 S.Ct. 1657, 184 L.Ed.2d 911 (1996) (“We hold that the ultimate questions of reasonable suspicion and probable cause to make a warrantless search should be reviewed de novo.”).

There are strong policy reasons for maintaining different standards of review for searches conducted pursuant to a warrant and for warrantless searches. As the Court in Ornelas emphasized, “[t]he Fourth Amendment demonstrates a strong preference for searches conducted pursuant to [the authority of| a warrant.” 517 U.S. at 699, 116 S.Ct. 1657 (internal quotation marks omitted); see Massachusetts v. Upton, 466 U.S. 727, 733, 104 S.Ct. 2085, 80 L.Ed.2d 721 (1984) (“A deferential standard of review is appropriate to further the Fourth Amendment’s strong preference for searches conducted pursuant to a warrant.”). The main purpose of the warrant requirement “is the interposition of a judicial officer between a police officer and the object of his investigation. The design of this structure is to require an independent assessment of the inferences to be drawn from the available evidence and thereby to secure the people from unreasonable searches and seizures.” State v. Nolting, 312 Minn. 449, 452, 254 N.W.2d 340, 343 (1977). To eliminate the distinction between the standards of review for warrant-based and warrantless searches would be to eliminate the incentive for police to obtain a warrant before conducting a search and thereby eliminate that safeguard against unreasonable searches and seizures. Ornelas, 517 U.S. at 699, 116 S.Ct. 1657.

Our opinion today merely reaffirms that the standard of review appropriate for an appellate court reviewing a district court’s probable cause determination made upon issuing a warrant is the deferential, substantial basis standard. Accordingly, we remand this case to the court of appeals for application of the correct standard of review.

Reversed and remanded.

1

. The court of appeals cited State v. Bradford, 618 N.W.2d 782 (Minn.2000), as support for the proposition that an appellate court reviews de novo probable cause determinations made in connection with issuance of a warrant. Rochefort, 619 N.W.2d at 566. In Bradford, as in this case, we considered whether the district court erred in concluding that the police affidavit submitted in support of the warrant application was sufficient to support a probable cause determination.[*805] Bradford, 618 N.W.2d at 794. We articulated the standard of review as follows:

Both the United States and Minnesota Constitutions protect individuals from unreasonable searches and seizures and provide that warrants must be supported by probable cause. * * * This court affords great deference to an issuing judge’s findings of fact, which we will reverse only if clearly erroneous. See State v. Lee, 585 N.W.2d 378, 382-83 (Minn.1998) (citing Ornelas v. United States, 517 U.S. 690, 699, 116 S.Ct. 1657, 134 L.Ed.2d 911 (1996)). But we review de novo the determination of probable cause. See id. On review, we determine whether there was a substantial basis to conclude that probable cause existed. See State v. Zanter, 535 N.W.2d 624, 633 (Minn.1995).

Bradford, 618 N.W.2d at 794. Because in Bradford we affirmed the district court’s probable cause determination, that case is not affected by our decision today. Furthermore, from a review of that decision it is clear that a deferential review of the district court’s probable cause determination was in fact conducted.