arrest requirement (Minnesota) · Go Syfert
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arrest requirement in Minnesota

6 Minnesota opinions name it 2 courts 1978–2026 2 in the last five years

The cases below were cited by Minnesota courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Krause v. Commissioner of Public Safetygreen
minnctapp · 1984 · cited in 1 Minnesota opinions naming this issue, 1987–1987
1 sentence

1987Sjodin, 401 N.W.2d at 424-25 ; Krause v. Commissioner of Public Safety, *783 358 N.W.2d 481, 483-84 (Minn.Ct.App.1984).

11
State v. Mitchellgreen
fla · 1971 · cited in 1 Minnesota opinions naming this issue, 1978–1978
1 sentence

1978See, State v. Mitchell, 245 So.2d 618 (Fla.1971), and Filmon v. State, 336 So.2d 586 (Fla.1976). [4] We emphasize that a formal arrest should be effected whenever the suspect appears capable of understanding and communicating with the arresting officer. [5] See, Schmerber v. California, 384 U.S. 757, 770 , 86 S.Ct. 1826, 1836 , 16 L.Ed.2d 908, 920 . [1] Not only does the majority stop short of expressly retaining the arrest requirement for more lucid suspects, footnote 4, supra, but it introduces a distinction which is practically difficult and theoretically unprincipled.

11
United States v. Dionisiogreen
scotus · 1973 · cited in 1 Minnesota opinions naming this issue, 1978–1978
2 sentences

1978Mr. Justice Stewart, writing for the majority, noted the "very limited intrusion" undertaken incident to the station house detention and emphasized the limited breadth of the decision: "[W]e do not hold that a full Chimel [ v. California, 395 U.S. 752 , 89 S.Ct. 2034 , 23 L.Ed.2d 685 (1969) (recognizing an exception to the warrant requirement when a search is incident to a valid arrest)] search would have been justified in this case without a formal arrest and without a warrant." 412 U.S. 296 , 93 S.Ct. 2004 , 36 L.Ed.2d 906 . *75 That the arrest requirement of Schmerber -type intrusions was u

1978Mr. Justice Stewart, writing for the majority, noted the "very limited intrusion" undertaken incident to the station house detention and emphasized the limited breadth of the decision: "[W]e do not hold that a full Chimel [ v. California, 395 U.S. 752 , 89 S.Ct. 2034 , 23 L.Ed.2d 685 (1969) (recognizing an exception to the warrant requirement when a search is incident to a valid arrest)] search would have been justified in this case without a formal arrest and without a warrant." 412 U.S. 296 , 93 S.Ct. 2004 , 36 L.Ed.2d 906 . *75 That the arrest requirement of Schmerber -type intrusions was u

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Minnesota. Read the followed side critically anyway.

Also cited on this issue (8)

CaseCitedYears
Brown v. Illinois green
scotus · 1975
2 sentences

2026There, the United States Supreme Court rejected a per se rule that a Miranda warning will always purge the taint of a defendant’s arrest in violation of the Fourth Amendment, thereby rendering a defendant’s statements made after the arrest admissible. 422 U.S. 590 , 602-03 (1975).

2026There, the United States Supreme Court rejected a per se rule that a Miranda warning will always purge the taint of a defendant’s arrest in violation of the Fourth Amendment, thereby rendering a defendant’s statements made after the arrest admissible. 422 U.S. 590 , 602-03 (1975).

22026–2026
United States v. Robinson red
scotus · 1973
2 sentences

2006United States v. Robinson, 414 U.S. 218, 235 , 94 S.Ct. 467, 477 , 38 L.Ed.2d 427 (1973).

2006United States v. Robinson, 414 U.S. 218, 235 , 94 S.Ct. 467, 477 , 38 L.Ed.2d 427 (1973).

12006–2006
Sjodin v. Commissioner of Public Safety neutral
minnctapp · 1987
1 sentence

1987Sjodin, 401 N.W.2d at 424-25 ; Krause v. Commissioner of Public Safety, *783 358 N.W.2d 481, 483-84 (Minn.Ct.App.1984).

11987–1987
State v. Harris green
minn · 1972
2 sentences

1984For implied consent testing based on conditions other than arrest appellant’s argument conflicts with the decision of the Minnesota Supreme Court in State v. Harris, 295 Minn. 38 , 202 N.W.2d 878 (1972).

1984For implied consent testing based on conditions other than arrest appellant’s argument conflicts with the decision of the Minnesota Supreme Court in State v. Harris, 295 Minn. 38 , 202 N.W.2d 878 (1972).

11984–1984
Filmon v. State green
fla · 1976
1 sentence

1978See, State v. Mitchell, 245 So.2d 618 (Fla.1971), and Filmon v. State, 336 So.2d 586 (Fla.1976). [4] We emphasize that a formal arrest should be effected whenever the suspect appears capable of understanding and communicating with the arresting officer. [5] See, Schmerber v. California, 384 U.S. 757, 770 , 86 S.Ct. 1826, 1836 , 16 L.Ed.2d 908, 920 . [1] Not only does the majority stop short of expressly retaining the arrest requirement for more lucid suspects, footnote 4, supra, but it introduces a distinction which is practically difficult and theoretically unprincipled.

11978–1978
Davis v. Mississippi green
scotus · 1969
2 sentences

1978Mr. Justice Stewart, writing for the majority, noted the "very limited intrusion" undertaken incident to the station house detention and emphasized the limited breadth of the decision: "[W]e do not hold that a full Chimel [ v. California, 395 U.S. 752 , 89 S.Ct. 2034 , 23 L.Ed.2d 685 (1969) (recognizing an exception to the warrant requirement when a search is incident to a valid arrest)] search would have been justified in this case without a formal arrest and without a warrant." 412 U.S. 296 , 93 S.Ct. 2004 , 36 L.Ed.2d 906 . *75 That the arrest requirement of Schmerber -type intrusions was u

1978Mr. Justice Stewart, writing for the majority, noted the "very limited intrusion" undertaken incident to the station house detention and emphasized the limited breadth of the decision: "[W]e do not hold that a full Chimel [ v. California, 395 U.S. 752 , 89 S.Ct. 2034 , 23 L.Ed.2d 685 (1969) (recognizing an exception to the warrant requirement when a search is incident to a valid arrest)] search would have been justified in this case without a formal arrest and without a warrant." 412 U.S. 296 , 93 S.Ct. 2004 , 36 L.Ed.2d 906 . *75 That the arrest requirement of Schmerber -type intrusions was u

11978–1978
Chimel v. California red
scotus · 1969
2 sentences

1978Mr. Justice Stewart, writing for the majority, noted the "very limited intrusion" undertaken incident to the station house detention and emphasized the limited breadth of the decision: "[W]e do not hold that a full Chimel [ v. California, 395 U.S. 752 , 89 S.Ct. 2034 , 23 L.Ed.2d 685 (1969) (recognizing an exception to the warrant requirement when a search is incident to a valid arrest)] search would have been justified in this case without a formal arrest and without a warrant." 412 U.S. 296 , 93 S.Ct. 2004 , 36 L.Ed.2d 906 . *75 That the arrest requirement of Schmerber -type intrusions was u

1978Mr. Justice Stewart, writing for the majority, noted the "very limited intrusion" undertaken incident to the station house detention and emphasized the limited breadth of the decision: "[W]e do not hold that a full Chimel [ v. California, 395 U.S. 752 , 89 S.Ct. 2034 , 23 L.Ed.2d 685 (1969) (recognizing an exception to the warrant requirement when a search is incident to a valid arrest)] search would have been justified in this case without a formal arrest and without a warrant." 412 U.S. 296 , 93 S.Ct. 2004 , 36 L.Ed.2d 906 . *75 That the arrest requirement of Schmerber -type intrusions was u

11978–1978
Schmerber v. California green
scotus · 1966
2 sentences

1978See, State v. Mitchell, 245 So.2d 618 (Fla.1971), and Filmon v. State, 336 So.2d 586 (Fla.1976). [4] We emphasize that a formal arrest should be effected whenever the suspect appears capable of understanding and communicating with the arresting officer. [5] See, Schmerber v. California, 384 U.S. 757, 770 , 86 S.Ct. 1826, 1836 , 16 L.Ed.2d 908, 920 . [1] Not only does the majority stop short of expressly retaining the arrest requirement for more lucid suspects, footnote 4, supra, but it introduces a distinction which is practically difficult and theoretically unprincipled.

1978See, State v. Mitchell, 245 So.2d 618 (Fla.1971), and Filmon v. State, 336 So.2d 586 (Fla.1976). [4] We emphasize that a formal arrest should be effected whenever the suspect appears capable of understanding and communicating with the arresting officer. [5] See, Schmerber v. California, 384 U.S. 757, 770 , 86 S.Ct. 1826, 1836 , 16 L.Ed.2d 908, 920 . [1] Not only does the majority stop short of expressly retaining the arrest requirement for more lucid suspects, footnote 4, supra, but it introduces a distinction which is practically difficult and theoretically unprincipled.

11978–1978

Where else courts name it

NY 53 (1912–2026) CA 40 (1962–2024) OH 28 (1976–2026) TX 26 (1969–2024) IL 26 (1969–2025) GA 25 (1900–2023) FL 24 (1965–2024) IN 19 (1926–2016) MD 19 (1960–2019) WI 18 (1976–2026) LA 18 (1961–2019) PA 17 (1971–2018) MO 16 (1921–2024) DC 14 (1982–2023) NJ 14 (1964–2026) MI 14 (1980–2026) OR 13 (1962–2024) CT 13 (1989–2024) NM 10 (1980–2025) IA 10 (1917–2024) AR 10 (1980–2026) SC 8 (1901–2020) KY 8 (2006–2026) WA 8 (1915–1999) AZ 7 (1974–2015) AL 7 (1986–1995) MA 7 (1980–2019) MN 6 (1978–2026) CO 6 (1984–2019) VA 6 (1997–2021) WV 5 (1980–2007) OK 5 (1950–1986) ME 5 (1980–2010) TN 5 (2000–2017) AK 5 (1973–2004) NC 4 (1976–2019) ID 4 (1970–1994) HI 3 (1872–1995) MT 3 (1999–2021) SD 3 (1915–2010) VT 3 (1993–2013) DE 2 (2019–2019) PR 2 (1953–1954) NE 2 (1912–2018) RI 2 (2005–2011)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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