State v. Messner

How courts have described this case

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

• recognizing that, in some circumstances, providing access to a telephone may not satisfy the standard of reasonableness, and “police may have a duty to further accommodate [a] reasonable request for an independent test”
• finding defendant “made no reasonable attempt to obtain an independent test”
• “Whether the accused has made a reasonable request for an independent test and whether police have interfered by denying the accused a reasonable opportunity to obtain that test depend on the totality of the circumstances.”
• “[I]t is generally agreed that the statutory right to an independent test is actually an arrested motorist’s right to be free of police interference when obtaining another test by his own efforts and at his own expense .”
• “[I]t is generally agreed that the statutory right to an independent test is actually an arrested motorist’s right to be free of police interference when obtaining another test by his own efforts and at his own expense.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

17 cases in this archive cite this case.

• City of Fairgo v. Thompson
  North Dakota Supreme Court· 1994-08-24· cited 102×
• North Dakota Department of Transportation v. DuPaul
  North Dakota Supreme Court· 1992-06-01· cited 43×
• Commonwealth v. Long
  Court of Appeals of Kentucky· 2003-10-03· cited 29×
• McNamara v. Director of North Dakota Department of Transportation
  North Dakota Supreme Court· 1993-05-26· cited 27×
• City of Fargo v. Stutlien
  North Dakota Supreme Court· 1993-09-08· cited 25×
• Lange v. North Dakota Department of Transportation
  North Dakota Supreme Court· 2010-10-25· cited 15×
• Lock v. Moore
  North Dakota Supreme Court· 1995-12-29· cited 15×
• City of Grand Forks v. Risser
  North Dakota Supreme Court· 1994-02-23· cited 15×
• State v. Winslow
  Supreme Court of New Hampshire· 1995-10-24· cited 9×
• Luebke v. North Dakota Department of Transportation
  North Dakota Supreme Court· 1998-06-04· cited 8×
• Koenig v. North Dakota Department of Transportation
  North Dakota Supreme Court· 2012-01-18· cited 6×
• City of Fargo v. Bakkerud
  North Dakota Supreme Court· 1998-04-08· cited 4×
• State v. Tompkins
  North Dakota Supreme Court· 2011-03-22· cited 2×
• Judicial Conduct Commission v. Hagar
  North Dakota Supreme Court· 2012-01-18· cited 1×
• State v. Wruck
  North Dakota Supreme Court· 1998-04-08
• Collection Center v. Bydal
  North Dakota Supreme Court· 2011-03-22
• Attorney General Opinion No.
  Kansas Attorney General Reports· 1993-10-26

Cites

17 cases in this archive are cited by this case.

• Commonwealth v. Alano
  Massachusetts Supreme Judicial Court· 1983-04-26· cited 54×
• Puett v. State
  Court of Appeals of Georgia· 1978-09-25· cited 35×
• State v. Buffington
  Court of Appeals of Georgia· 1989-01-09· cited 34×
• City of Blaine v. Suess
  Washington Supreme Court· 1980-06-12· cited 29×
• State v. Dressler
  North Dakota Court of Appeals· 1988-12-12· cited 25×
• Bilbrey v. State
  Court of Criminal Appeals of Alabama· 1988-08-23· cited 23×
• Williford v. State
  Supreme Court of Arkansas· 1985-01-28· cited 22×
• Harper v. State
  Court of Appeals of Georgia· 1982-11-01· cited 21×
• Ehrlich v. Backes
  North Dakota Supreme Court· 1991-11-12· cited 20×
• State v. Rambousek
  North Dakota Supreme Court· 1984-11-28· cited 18×
• Commonwealth v. Rosewarne
  Massachusetts Supreme Judicial Court· 1991-05-08· cited 18×
• Gundersen v. Municipality of Anchorage
  Court of Appeals of Alaska· 1988-09-30· cited 17×
• Provo City v. Werner
  Court of Appeals of Utah· 1991-04-11· cited 14×
• Lockard v. Town of Killen
  Court of Criminal Appeals of Alabama· 1990-05-25· cited 14×
• State v. Lorenzen
  North Dakota Supreme Court· 1987-03-02· cited 11×
• Boehler v. Backes
  North Dakota Supreme Court· 1990-10-02· cited 5×
• State v. Solberg
  North Dakota Supreme Court· 1986-01-30· cited 4×