# State v. Diede

> Supreme Court of Minnesota · March 30, 2011 · 795 N.W.2d 836

URL: https://www.frixlaw.com/law-library/cases/8245528

## Case

- **Full name:** STATE of Minnesota v. Erika Lynn DIEDE
- **Court:** Supreme Court of Minnesota
- **Decided:** March 30, 2011
- **Citations:** 795 N.W.2d 836; 2011 Minn. LEXIS 137; 2011 WL 1135510
- **Precedential status:** Published
- **Opinion:** Dissent by Gildea
- **Judges:** Dietzen, Gildea, Meyer, Stras
- **Cited by:** 181 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8245528

## How later opinions describe it (automated extraction)

- stating that suppression of evidence found in an illegal search is not required where the State establishes that the evidence “ultimately or inevitably” would have been discovered by lawful means, but precluding the argument that law enforcement could have conducted a constitu…
- stating that “[t]he question whether a consent to a search was in fact ‘voluntary’ or was the product of duress or coercion, express or implied, is a question of fact,” and that “the ‘clearly erroneous’ standard controls [an appellate court’s] review of a district court’s find…
- explaining that “Diede’s nervousness in response to questioning by multiple police officers after her passenger had been arrested and her denial that she had seen Hanson toss something into the truck were not enough to establish reasonable suspicion that she possessed a contro…
- explaining that reasonable suspicion must be “based on specific, articulable facts” that allow the officer “to articulate at the omnibus hearing that he or she had a particularized and objective basis for suspecting the seized person of criminal activity”
- concluding that defendant did not voluntarily consent to search when she initially refused to consent but acquiesced to search after multiple, persistent requests from officers

## Opinion text

GILDEA, Chief Justice
(dissenting).
I join in the dissent of Justice Dietzen.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8245528. Public record. Not legal advice.