custody test (Minnesota) · Go Syfert
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custody test in Minnesota

12 Minnesota opinions name it 2 courts 1985–2026 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 (9)

CaseFollowedCited
State v. Scruggsgreen
minn · 2012 · cited in 2 Minnesota opinions naming this issue, 2014–2015
2 sentences

2015L.S.H. contends that the district court erred in its custody analysis because the deputies controlled his movements and “never told him that he was free to leave and not under arrest.” But the custody analysis does not depend on “merely whether a reasonable person would believe he or she was not free to leave.” State v. Scruggs, 822 N.W.2d 631, 637 (Minn. 2012) (quotations omitted).

2015Rather, “an interrogation is custodial if, based on all the surrounding circumstances, a 5 reasonable person would believe he or she was in police custody to the degree associated with formal arrest.” Id. (emphasis added).

22
Bjorn Michael Rydder v. Susan Marie Ryddergreen
ca8 · 1995 · cited in 2 Minnesota opinions naming this issue, 2001–2001
2 sentences

2001Rydder v. Rydder, 49 F.3d 369, 372 (8th Cir.1995); see Friedrich, 983 F.2d at 1400 (stating under the Hague Convention, "a United States District Court has the authority to determine the merits of an abduction claim, but not the merits of the underlying custody claim").

2001Rydder v. Rydder, 49 F.3d 369, 372 (8th Cir.1995); see Friedrich, 983 F.2d at 1400 (stating under the Hague Convention, “a United States District Court has the authority to determine the merits of an abduction claim, but not the merits of the underlying custody claim”).

22
Emanuel Friedrich v. Jeana Michele Friedrich David Harper and Shirley Harpergreen
ca6 · 1993 · cited in 2 Minnesota opinions naming this issue, 2001–2001
2 sentences

2001Rydder v. Rydder, 49 F.3d 369, 372 (8th Cir.1995); see Friedrich, 983 F.2d at 1400 (stating under the Hague Convention, "a United States District Court has the authority to determine the merits of an abduction claim, but not the merits of the underlying custody claim").

2001Rydder v. Rydder, 49 F.3d 369, 372 (8th Cir.1995); see Friedrich, 983 F.2d at 1400 (stating under the Hague Convention, “a United States District Court has the authority to determine the merits of an abduction claim, but not the merits of the underlying custody claim”).

22
Stern v. Sterngreen
minnctapp · 2013 · cited in 1 Minnesota opinions naming this issue, 2026–2026
1 sentence

2026Relying on Stern, 839 N.W.2d at 98, 104 , the district court found that here, “the third-party custody petition could not have been filed in family law court.” The district court also concluded, however, that “[t]here is no right to file a third-party petition for custody within a juvenile protection matter” because Minnesota Rules of Juvenile Protection Procedure 33.01, 34.02, and 35 are “an exhaustive list of the procedures available to an individual who seeks a status from which to assert a custody claim for the children or participate in a juvenile protection matter.” And the court further

11
Geibe v. Geibegreen
minnctapp · 1997 · cited in 1 Minnesota opinions naming this issue, 2023–2023
1 sentence

2023See Geibe, 571 N.W.2d at 778 .

11
State v. Sterlinggreen
minn · 2013 · cited in 1 Minnesota opinions naming this issue, 2014–2014
1 sentence

2014See, e.g., Sterling, 834 N.W.2d at 168 ; State v. Scruggs, 822 N.W.2d 631, 637 (Minn. 2012); State v. Thompson, 788 N.W.2d 485, 491 (Minn. 2010). 6 When no formal arrest has occurred, we “examine all of the surrounding circumstances” to determine whether a person was in custody.

11
State v. Thompsongreen
minn · 2010 · cited in 1 Minnesota opinions naming this issue, 2014–2014
1 sentence

2014See, e.g., Sterling, 834 N.W.2d at 168 ; State v. Scruggs, 822 N.W.2d 631, 637 (Minn. 2012); State v. Thompson, 788 N.W.2d 485, 491 (Minn. 2010). 6 When no formal arrest has occurred, we “examine all of the surrounding circumstances” to determine whether a person was in custody.

11
State v. Ousleygreen
minn · 1977 · cited in 1 Minnesota opinions naming this issue, 1986–1986
2 sentences

1986See, e.g., State v. Ousley, 312 Minn. 546 , 254 N.W.2d 73 (Minn.1977).

1986See, e.g., State v. Ousley, 312 Minn. 546 , 254 N.W.2d 73 (Minn.1977).

11
Marriage of Nice-Petersen v. Nice-Petersengreen
minn · 1981 · cited in 1 Minnesota opinions naming this issue, 1985–1985
1 sentence

1985Nice-Petersen v. Nice-Petersen, 310 N.W.2d 471, 472 (Minn.1981); Minn.Stat. § 518.185 (1984).

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 (7)

CaseCitedYears
Berkemer v. McCarty green
scotus · 1984
2 sentences

1995We follow the custody test adopted in Berkemer v. McCarty, 468 U.S. 420 , 104 S.Ct. 3138 , 82 L.Ed.2d 317 (1984).

1995We follow the custody test adopted in Berkemer v. McCarty, 468 U.S. 420 , 104 S.Ct. 3138 , 82 L.Ed.2d 317 (1984).

21995–2014
State v. Rosse green
minn · 1991
1 sentence

2014Id. (citing Berkemer v McCarty, 468 U.S. 420 , 440–441, 104 S. Ct. 3138 , 3150–51 (1984)). “[That] test is whether a reasonable person under the circumstances would believe that he or she was in police custody of the degree associated with formal arrest.

12014–2014
Klecker v. Klecker green
minnctapp · 1990
1 sentence

1991At the time of the custody hearing, custody modification was governed by Klecker v. Klecker, 454 N.W.2d 264 (Minn.App.1990).

11991–1991
State v. Boitnott green
minn · 1989
2 sentences

1990Boitnott, 443 N.W.2d at 531 .

1990Boitnott, 443 N.W.2d at 531 .

11990–1990
Beckwith v. United States green
scotus · 1976
2 sentences

1986However, since Beckwith v. United States, 425 U.S. 341 , 96 S.Ct. 1612 , 48 L.Ed.2d 1 (1976), and Oregon v. Mathiason, 429 U.S. 492 , 97 S.Ct. 711 , 50 L.Ed.2d 714 (1977)—which unequivocally declared that custody, not focus of suspicion, is the test — we have followed the custody test.

1986However, since Beckwith v. United States, 425 U.S. 341 , 96 S.Ct. 1612 , 48 L.Ed.2d 1 (1976), and Oregon v. Mathiason, 429 U.S. 492 , 97 S.Ct. 711 , 50 L.Ed.2d 714 (1977)—which unequivocally declared that custody, not focus of suspicion, is the test — we have followed the custody test.

11986–1986
Wallin v. Wallin green
minn · 1971
2 sentences

1986That two-part standard is set out in Wallin v. Wallin, 290 Minn. 261 , 187 N.W.2d 627 (1971): In determining custody disputes between the [biological parent] of a minor child and [a third party], courts have based their decisions on two basic doctrines.

1986That two-part standard is set out in Wallin v. Wallin, 290 Minn. 261 , 187 N.W.2d 627 (1971): In determining custody disputes between the [biological parent] of a minor child and [a third party], courts have based their decisions on two basic doctrines.

11986–1986
Oregon v. Mathiason green
scotus · 1977
2 sentences

1986However, since Beckwith v. United States, 425 U.S. 341 , 96 S.Ct. 1612 , 48 L.Ed.2d 1 (1976), and Oregon v. Mathiason, 429 U.S. 492 , 97 S.Ct. 711 , 50 L.Ed.2d 714 (1977)—which unequivocally declared that custody, not focus of suspicion, is the test — we have followed the custody test.

1986However, since Beckwith v. United States, 425 U.S. 341 , 96 S.Ct. 1612 , 48 L.Ed.2d 1 (1976), and Oregon v. Mathiason, 429 U.S. 492 , 97 S.Ct. 711 , 50 L.Ed.2d 714 (1977)—which unequivocally declared that custody, not focus of suspicion, is the test — we have followed the custody test.

11986–1986

Statutes the citing opinions construe

MN § Minn. Stat. § 518.18 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

PA 324 (1961–2026) NY 102 (1977–2026) AL 91 (1996–2026) IL 69 (1968–2025) CA 61 (1948–2024) OH 60 (1997–2026) MI 53 (1958–2026) TX 42 (1990–2026) NC 40 (1978–2024) MD 35 (1970–2025) LA 34 (1972–2020) CT 34 (1982–2026) IN 31 (1990–2026) NJ 30 (1953–2026) UT 23 (1980–2026) CO 23 (1970–2026) NM 23 (1981–2025) FL 20 (1975–2017) MS 20 (1995–2026) DC 17 (1978–2016) VA 17 (1993–2026) TN 16 (1990–2024) MT 15 (1977–2012) NV 15 (1972–2025) MA 15 (1990–2025) WA 14 (1951–2026) VT 14 (1990–2025) NE 14 (1979–2025) GA 13 (1962–2024) AK 13 (1981–2020) WI 13 (1962–2026) MN 12 (1985–2026) MO 11 (1980–2018) SC 10 (1993–2021) IA 10 (2004–2023) ME 9 (1998–2022) KS 9 (2007–2025) KY 8 (2006–2025) ND 8 (1991–2003) DE 8 (1995–2026) AR 7 (1981–2019) HI 7 (1996–2022) SD 7 (1982–2022) AZ 7 (1994–2026) ID 7 (1969–2022) NH 7 (1999–2023) RI 6 (1997–2022) WY 6 (1998–2022) OR 4 (1987–2005) WV 3 (1968–2019) OK 2 (1977–2004)

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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