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State v. Howard

Citations

  • 373 N.W.2d 596
  • 1985 Minn. LEXIS 1213

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that the consent necessary under Payton, is “consent to enter, not consent to arrest”
  • finding consent when petitioner opened the door fully and stepped back with knowledge that officers were investigating a crime
  • upholding the warrantless arrest because the defendant had been voluntarily cooperating with the officers before they came to his door, and he opened the door and stepped back for them, thus appearing to give them consent to enter
  • mere acquiescence on a claim of police authority or submission in the face of a show of force is not sufficient consent
  • mere acquiescence on a claim of police authority or submission in the face of a show of force is not sufficient consent
  • “Mere acquiescence on a claim of police authority or submission in the face of a show of force is, of course, not enough.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Coyne, Kelley

Read full opinion on CourtListener

Cited by

21 cases in this archive cite this case; the 20 most cited are listed.

Cites

22 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.