Minn. Stat. » CHAPTER 626. PEACE OFFICERS; SEARCHES; PURSUIT; MANDATORY REPORTING
Minnesota Statutes

Minn. Stat. § 626.08 (2026)

Probable Cause

✓ current as of May 2026
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A search warrant cannot be issued but upon probable cause, supported by affidavit, naming or describing the person, and particularly describing the property or thing to be seized, and particularly describing the place to be searched.

Notes of Decisions
Cited in 42 cases (5 in the last 5 years), 1980–2025 · leading case: State v. Harris, 589 N.W.2d 782 (Minn. 1999).
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State v. Harris, 589 N.W.2d 782 (Minn. 1999). · cites it 4× “Harris also asserts that there was insufficient evidence for the jury to find him guilty of either felony-murder charge.”
Arbitration Between Minnesota State Patrol Troopers Ass'n Ex Rel. Pince v. State, Dep't of Pub. Saf., 437 N.W.2d 670 (Minn. Ct. App. 1989). · cites it 8× “We disagree because we believe that the search was not supported by sufficient probable cause under Minn. Stat. § 626.08 (1986). We do not agree with the Association, however, that the BCA and the Patrol unconstitutionally abused their statutory authority in investigating…”
State v. Meizo, 297 N.W.2d 126 (Minn. 1980). · cites it 8× “I regard this as not serving the best interests of the judicial system because it places the judicial branch of government as a witness of the executive branch of the government.”
State v. Yarbrough, 841 N.W.2d 619 (Minn. 2014). · cites it 2× “I, § 10; Minn.Stat. § 626.08 (2012). Probable cause exists if the judge issuing a warrant determines that “there is a fair probability that contraband or evidence of a crime will be found.”
State v. Anderson, 439 N.W.2d 422 (Minn. Ct. App. 1989). · cites it 8× “Minn.Stat. § 626.08 (1986) provides that, "[a] search warrant cannot be issued but upon probable cause, supported by affidavit.”
State v. Holiday, 749 N.W.2d 833 (Minn. Ct. App. 2008). · cites it 2× “U.S. Const, amend. IV; Minn. Const, art. I, § 10.”
State v. Papadakis, 643 N.W.2d 349 (Minn. Ct. App. 2002). · cites it 2× “Minn.Stat. § 626.08 (2000); State v. Harris, 589 N.”
State v. Hinkel, 365 N.W.2d 774 (Minn. 1985). · cites it 2× “” Under Minnesota law, a search warrant may be issued only upon “probable cause, supported by affidavit, naming or describing the person, and particularly describing the property or thing to be seized, and particularly describing the place to be searched.”
State v. Gabbert, 411 N.W.2d 209 (Minn. Ct. App. 1987). · cites it 2× “Minn.Stat. § 626.08 (1986) provides that “[a] search warrant cannot be issued but upon probable cause, supported by affidavit.”
State v. Amundson, 712 N.W.2d 560 (Minn. Ct. App. 2006). · cites it 4× “The United States and Minnesota constitutions provide that no warrant shall issue without a showing of probable cause.”
State v. Richardson, 514 N.W.2d 573 (Minn. Ct. App. 1994). · cites it 2× “Minn.Stat. § 626.08 (1992). Although police officers may rely on training and experience to draw inferences and make deductions, mere suspicion does not equal probable cause.”
State v. Bates, 507 N.W.2d 847 (Minn. Ct. App. 1993). · cites it 2× “Minn.Stat. § 626.08 (1992); see also Minn.”
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