open-bottle violation (Minnesota) · Go Syfert
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open-bottle violation in Minnesota

10 Minnesota opinions name it 2 courts 1981–2025 1 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 (4)

CaseFollowedCited
State v. Piercegreen
minnctapp · 1984 · cited in 2 Minnesota opinions naming this issue, 1985–2025
2 sentences

2025Id.

1985State v. Schinzing, 342 N.W.2d 105, 109 (Minn.1983); State v. Pierce, 347 N.W.2d 829, 833 (Minn.Ct.App.1984). 1 Having seen unusual, suspicious movements of appellant and Mangen, and having already found a razor blade in Man-gen’s jacket pocket, as well as pills and white powder, Meyers could lawfully perform a pat-down search of appellant for weapons.

12
Scott v. United Statesgreen
scotus · 1978 · cited in 2 Minnesota opinions naming this issue, 1981–1981
2 sentences

1981See Scott v. United States, 436 U.S. 128 , 98 S.Ct. 1717 , 56 L.Ed.2d 168 (1978); State v. Veigel, 304 N.W.2d 900 (Minn.1981) (upholding search of glove compartment on theory that even if, as the trial court ruled, there was not probable cause to search for an open-bottle violation, there was probable cause to search for drugs). 2.

1981See Scott v. United States, 436 U.S. 128 , 98 S.Ct. 1717 , 56 L.Ed.2d 168 (1978); State v. Veigel, 304 N.W.2d 900 (Minn.1981) (upholding search of glove compartment on theory that even if, as the trial court ruled, there was not probable cause to search for an open-bottle violation, there was probable cause to search for drugs). 2.

12
State v. Tildahlgreen
minn · 1995 · cited in 1 Minnesota opinions naming this issue, 2015–2015
1 sentence

2015To the extent that we know the relevant facts, they are fairly similar to the facts of City of Moorhead v. Miller, 295 N.W.2d 548 (Minn. 1980), in which the defendant was convicted of DWI and an open-bottle violation, which led the supreme court to comment, in affirming the trial court, that “the two offenses must be deemed to have arisen from the same behavioral incident.” Id. at 550 ; see also State v. Tildahl, 540 N.W.2d 514, 515 (Minn. 1995) (summarily holding that district court erred by imposing two sentences on convictions of aggravated driving and open-bottle violation).

11
State v. Schinzinggreen
minn · 1983 · cited in 1 Minnesota opinions naming this issue, 1985–1985
1 sentence

1985State v. Schinzing, 342 N.W.2d 105, 109 (Minn.1983); State v. Pierce, 347 N.W.2d 829, 833 (Minn.Ct.App.1984). 1 Having seen unusual, suspicious movements of appellant and Mangen, and having already found a razor blade in Man-gen’s jacket pocket, as well as pills and white powder, Meyers could lawfully perform a pat-down search of appellant for weapons.

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 (14)

CaseCitedYears
State v. Slifka green
minn · 1977
2 sentences

2009Slifka, 256 N.W.2d at 91 . 5 .

1982State v. Slifka, 256 N.W.2d 90 (Minn.1977).

21982–2009
State v. Veigel green
minn · 1981
2 sentences

1982State v. Veigel, 304 N.W.2d 900 (Minn.1981); State v. Johnson, 277 N.W.2d 346 (Minn.1979); State v. Ellanson, 293 Minn. 490 , 198 N.W.2d 136 (1972).

1981See Scott v. United States, 436 U.S. 128 , 98 S.Ct. 1717 , 56 L.Ed.2d 168 (1978); State v. Veigel, 304 N.W.2d 900 (Minn.1981) (upholding search of glove compartment on theory that even if, as the trial court ruled, there was not probable cause to search for an open-bottle violation, there was probable cause to search for drugs). 2.

21981–1982
State v. Butcher green
minnctapp · 1997
1 sentence

2015The state relies on Clement and State v. Butcher, 563 N.W.2d 776 (Minn. App. 1997), review denied (Minn. Aug. 5, 1997), in support of its argument that Guscette’s two offenses did not arise from a single behavioral incident.

12015–2015
City of Moorhead v. Miller green
minn · 1980
2 sentences

2015To the extent that we know the relevant facts, they are fairly similar to the facts of City of Moorhead v. Miller, 295 N.W.2d 548 (Minn. 1980), in which the defendant was convicted of DWI and an open-bottle violation, which led the supreme court to comment, in affirming the trial court, that “the two offenses must be deemed to have arisen from the same behavioral incident.” Id. at 550 ; see also State v. Tildahl, 540 N.W.2d 514, 515 (Minn. 1995) (summarily holding that district court erred by imposing two sentences on convictions of aggravated driving and open-bottle violation).

2015To the extent that we know the relevant facts, they are fairly similar to the facts of City of Moorhead v. Miller, 295 N.W.2d 548 (Minn. 1980), in which the defendant was convicted of DWI and an open-bottle violation, which led the supreme court to comment, in affirming the trial court, that “the two offenses must be deemed to have arisen from the same behavioral incident.” Id. at 550 ; see also State v. Tildahl, 540 N.W.2d 514, 515 (Minn. 1995) (summarily holding that district court erred by imposing two sentences on convictions of aggravated driving and open-bottle violation).

12015–2015
Antl v. State, Department of Public Safety green
minnctapp · 1984
1 sentence

1987Id. at 243 .

11987–1987
Marben v. State, Department of Public Safety green
minn · 1980
1 sentence

1984Marben v. State, Department of Public Safety, 294 N.W.2d 697 (Minn.1980); State v. Zuehlke, 320 N.W.2d 79 (Minn.Í982).

11984–1984
State v. Dax green
minn · 1971
2 sentences

1984Under the approach that we have taken in applying section 629.34 — see State v. Dax, 290 Minn. 546 , 188 N.W.2d 422 (1971) — the open bottle violation was committed in the officer’s presence.

1984Under the approach that we have taken in applying section 629.34 — see State v. Dax, 290 Minn. 546 , 188 N.W.2d 422 (1971) — the open bottle violation was committed in the officer’s presence.

11984–1984
State v. Zuehlke green
minn · 1982
1 sentence

1984Marben v. State, Department of Public Safety, 294 N.W.2d 697 (Minn.1980); State v. Zuehlke, 320 N.W.2d 79 (Minn.Í982).

11984–1984
State v. Ellanson green
minn · 1972
2 sentences

1982State v. Veigel, 304 N.W.2d 900 (Minn.1981); State v. Johnson, 277 N.W.2d 346 (Minn.1979); State v. Ellanson, 293 Minn. 490 , 198 N.W.2d 136 (1972).

1982State v. Veigel, 304 N.W.2d 900 (Minn.1981); State v. Johnson, 277 N.W.2d 346 (Minn.1979); State v. Ellanson, 293 Minn. 490 , 198 N.W.2d 136 (1972).

11982–1982
Terry v. Ohio green
scotus · 1968
2 sentences

1982Adams v. Williams, 407 U.S. 143 , 92 S.Ct. 1921 , 32 L.Ed.2d 612 (1972); Terry v. Ohio, 392 U.S. 1 , 88 S.Ct. 1868 , 20 L.Ed.2d (1968); 3 W.

1982Adams v. Williams, 407 U.S. 143 , 92 S.Ct. 1921 , 32 L.Ed.2d 612 (1972); Terry v. Ohio, 392 U.S. 1 , 88 S.Ct. 1868 , 20 L.Ed.2d (1968); 3 W.

11982–1982
Adams v. Williams green
scotus · 1972
2 sentences

1982Adams v. Williams, 407 U.S. 143 , 92 S.Ct. 1921 , 32 L.Ed.2d 612 (1972); Terry v. Ohio, 392 U.S. 1 , 88 S.Ct. 1868 , 20 L.Ed.2d (1968); 3 W.

1982Adams v. Williams, 407 U.S. 143 , 92 S.Ct. 1921 , 32 L.Ed.2d 612 (1972); Terry v. Ohio, 392 U.S. 1 , 88 S.Ct. 1868 , 20 L.Ed.2d (1968); 3 W.

11982–1982
State v. Johnson green
minn · 1979
1 sentence

1982State v. Veigel, 304 N.W.2d 900 (Minn.1981); State v. Johnson, 277 N.W.2d 346 (Minn.1979); State v. Ellanson, 293 Minn. 490 , 198 N.W.2d 136 (1972).

11982–1982
United States v. Chadwick red
scotus · 1977
2 sentences

1981The key case with respect to the second issue is Arkansas v. Sanders, 442 U.S. 753 , 99 S.Ct. 2586 , 61 L.Ed.2d 235 (1979), applying United States v. Chadwick, 433 U.S. 1 , 97 S.Ct. 2476 , 53 L.Ed.2d 538 (1977) to the warrantless search of luggage taken from an automobile which was lawfully stopped and holding that such luggage may not generally be searched without a warrant, unless the search falls under an otherwise established exception to the warrant requirements.

1981The key case with respect to the second issue is Arkansas v. Sanders, 442 U.S. 753 , 99 S.Ct. 2586 , 61 L.Ed.2d 235 (1979), applying United States v. Chadwick, 433 U.S. 1 , 97 S.Ct. 2476 , 53 L.Ed.2d 538 (1977) to the warrantless search of luggage taken from an automobile which was lawfully stopped and holding that such luggage may not generally be searched without a warrant, unless the search falls under an otherwise established exception to the warrant requirements.

11981–1981
Arkansas v. Sanders red
scotus · 1979
2 sentences

1981The key case with respect to the second issue is Arkansas v. Sanders, 442 U.S. 753 , 99 S.Ct. 2586 , 61 L.Ed.2d 235 (1979), applying United States v. Chadwick, 433 U.S. 1 , 97 S.Ct. 2476 , 53 L.Ed.2d 538 (1977) to the warrantless search of luggage taken from an automobile which was lawfully stopped and holding that such luggage may not generally be searched without a warrant, unless the search falls under an otherwise established exception to the warrant requirements.

1981The key case with respect to the second issue is Arkansas v. Sanders, 442 U.S. 753 , 99 S.Ct. 2586 , 61 L.Ed.2d 235 (1979), applying United States v. Chadwick, 433 U.S. 1 , 97 S.Ct. 2476 , 53 L.Ed.2d 538 (1977) to the warrantless search of luggage taken from an automobile which was lawfully stopped and holding that such luggage may not generally be searched without a warrant, unless the search falls under an otherwise established exception to the warrant requirements.

11981–1981

Statutes the citing opinions construe

MN § Minn. Stat. § 169.122 (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.

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