McNeely Database

Entries for the McNeely case database of Minnesota state court decisions. The database is sortable by clicking on the column heading. You can also submit case information here.

Entries for McNeely Database

Displaying 1 - 75 of 112 1 2
Judge State County Position Evidence/Documentation Notes PDF
Askegaard, Erik Minnesota Crow Wing Grants 18-CV-10-2624

Post Brooks win on a warrantless breath test

Kammeyer Minnesota Anoka Grants 02-CA-13-6506

Grants Petitioner's petition & Rescinds the Commissioner's order revoking DL

Wernick, Mark Minnesota Hennepin Grants 27-CR-13-14883

Granted Motion to Suppress

Cahill, Steven Minnesota Clay Grants 14-CR-14-344

Count 1 of the criminal complaint - traffic - DWI - Refuse to Submit to Chemical Test in violation of Minn. Stat. 169A.20 subd. 2, is DISMISSED. "The constitutionality of the implied consent law and test refusal statute is, at most, merely uncertain--not beyond reasonable doubt."

Miller, Laurie Minnesota Hennepin Denies 27-CR-13-18130

Denies Motion to Suppress; found probable cause & consent

Bohr, Gail Chang Minnesota Aitkin Denies 62-CR-13-660

Denies Defendant's Motion to Suppress Chemical Test.

Ilkka Minnesota Washington Grants 82-CR-13-442

Order for Suppression in blood case; no consent

Meslow Minnesota Washington Denies  


Hoffman Minnesota Washington Denies 82-CV-13-4626


Cashman Minnesota Morrison Denies 49-CV-13-1400


Richards Minnesota Faribault Denies 22-CV-09-278


Abrams Minnesota Hennepin Denies 27-CR-13-6588


Carter Minnesota Dakota Denies 19-HA-12-3296


Worke Minnesota Anoka Denies 02-CR-12-8640

Court of Appeals Reversed; Defendant voluntarily consented to the breathalyzer test

Raupp, Robert Minnesota Mille Lacs Grants 48-CV-13-1657

Petitioner's consent was not voluntary. The coercive nature of the advisory was sufficient to overbear the petitioner's capacity for self-determination.

Jasper, Jonathan Minnesota Anoka Grants 02-CR-13-3623

Defendant's motion to dismiss the Third Degree DWI -- Test Refusal charge (Count II) against him is Granted.
Count II, Third Degree DWI -- Test Refusal, is Dismissed.

Castro, Leonardo Minnesota Ramsey Grants 62-CR-10-4035

Taking of a breath sample = search = warrant must be obtained. Because no warrant, it was unreasonable search and Motion to Suppress granted.

Hayes Minnesota Sherburne Denies  

To add to the database, Judge Tom Hayes in Sherburne county is ruling against pretty much all Brooks challenges (as told to me today by the man himself). He was friendly and explained why, thereby saving my client repeated trips back to Elk River.

Castro Minnesota Ramsey Grants 62-CR-10-4035

Post-Brooks suppression of breath test (no warrant and no exigency) (ICA is coercive to driver who had no experience with criminal justice and did not reach attorney)

Bartsch Minnesota Ramsey Stays Motions Pending  

Meant to send this out last week: Judge Shawn Bartsch in the Maplewood suburban court stayed all McNeely-related motions again (prior stay date was Sept. 30) until December 31, 2013.

Kundrat Minnesota Stearns Grants 73-CR-12-9596

Breath suppressed (criminal)

McCarthy, Thomas G. Minnesota Sibley Grants 72-CV-13-138

Grants Petitioner's request to rescind the revocation of driving privileges

Munger, Mark A. Minnesota St. Louis Denies  

Considers booking case (Maryland v. King) to be dispositive, little mention of traditional search warrant jurisprudence or McNeely

TenEyck Minnesota Cass Denies  

Consent is valid under MICA and McNeely doesn't apply to consensual tests.

Nathanson Minnesota Ramsey Grants    
Robiner, Susan Minnesota Hennepin Grants 27-CR-12-30407

[First Hennepin win!] Blood search; decision is narrow one resulting from a totality of circumstances inquiry

Richard Jessen Minnesota Stearns Denies  

Ill get you a copy of the Order when I can.

Dietrich Minnesota Lyon Denies 42-CR-12-791  
Yunker, Mary Minnesota Sherburne Denies 27-CR-13-269

Denies Defendant's Motion to Suppress test-results; IC Law is constitutional; warrantless seizure reasonable under 4th.

Austad Minnesota Cass Grants  

Cass County Judge Austad has suppressed a breath test case in a civil driver's license case due to a warrantless search. Congratulations to Attorney Rich Kenley and his client.

Scherer Minnesota Stearns Grants    
cunningham Minnesota Anoka Under Advisement  

now staying cases pending MN Supreme Court ruling in Brooks.

Scherer Minnesota Aitkin Grants  

Judge throws out breath test. The state proceed forward only on the "Under the Influence" charge.

Jude, Tad Minnesota Washington Denies 82-CV-13-1731

Sustaines revocation of Petitioner's driving privileges

Seibel, Gerald Minnesota Wilkin Denies    
Burke, Susan Minnesota Hennepin Denies 27-CR-13-10363

Denied (D)'s motion to dismiss Refusal to submit to a Breath Test

Bastian Minnesota Ramsey Under Advisement  

Is staying all DWI proceedings with McNeely challenges until after Brooks is decided.

McManus Minnesota Dakota Denies      
Cahill Minnesota Clay Grants 14-CR-13-248

Dismissed Refusal charge

Docherty Minnesota Brown Grants CR-12-730

Dismissed the Defendant's test refusal charge; unconstitutional

Scherer Minnesota Stearns Grants 73-CR-07-10940

Grants motion to suppress breath test

Perkkio Minnesota Dakota Grants    
Lennon Minnesota Scott Denies  

Consent in MN is free and voluntary. McNeely does not apply.

Jude, Tad Minnesota Washington Denies Motion Hearing

Denied from the bench given the "current state of the law in Minnesota." Ruled that the client voluntarily consented to the breath test and that breath is different than blood (although I cited Skinner).

Jass Minnesota Blue Earth Denies    
Abrams, Jerome Minnesota Dakota Grants 19AV-CV-13-1237

Rescinded revocation of the Petitioner's DL

Abrams, Jerome Minnesota Dakota Grants 19AV-CV-13-1351

Rescinded revocation of the Petitioner's DL

Pugh Minnesota Dakota Denies  

Judge Pugh upheld the revocation but his order explicitly allowed for the case to be reopened based on the outcome in Brooks.

Barnette Minnesota Hennepin Denies  

Voluntary consent; defendant "free to refuse test"; sheer number of Henn Co DUIs exempts Henn Co from any SW requirement.

Mottl Minnesota Wright Denies Stip

IC Breath Test - she has denied criminal also.

Hanson, Barbara Minnesota Otter Tail Denies  

Here is the scary decision from Otter Tail I referenced Friday finding the Good Faith exception despite the MN SC expressly rejecting it in State v. Jackson etc.

Hanson, Barbara Minnesota Otter Tail Denies Stip - Blood Test

Agrees with McNeely but holds that the Good Faith exception is valid in MN because the MN Supreme Court hasn't specifically ruled it unconstitutional (yes I know, I said what?) I can pdf order Monday.

Walters Minnesota Wabasha Grants    
Perkkio Minnesota Dakota Grants 19AV-CV-13-1431

Petitioner refused breath test.
State failed to show at least one exception to the warrant requirement.
Sample of individual's breath constitutes a search within 4th Amendment.
Petitioner's motion to rescind the revocation of DL is GRANTED

Moore Minnesota Hennepin Denies    
Rosenbaum Minnesota Hennepin Denies 27-CR-13-6295

Motion to Suppress Denied.
No right to refuse b/c consent implied by virtue of driving.

Giancola Minnesota Stearns Grants    
Reuter Minnesota Pine Grants  

IC case

Hennesy Minnesota Mille Lacs Grants  

IC/breath test

Abrams Minnesota Dakota Grants  

N.b., this is a REFUSAL: "In order not to rule the refusal statute unconstitutional, His Honor stated that Wiseman narrowly defined the refusal crime to be refusing a lawful search."

Dickstein Minnesota Hennepin Denies    
Small Minnesota Hennepin Denies    
Steven J. Cahill Minnesota Clay Grants Case No. 14-CV-12-4183

Implied Consent. Motion to suppress breath test granted. License revocation rescinded.

Abrams Minnesota Hennepin Denies    
Pendelton Minnesota Anoka Grants    
Spicer Minnesota Dakota Denies  

This was a blood draw case. The driving conduct was failure to signal a turn. No PBT, no FST.

Robiner Minnesota Hennepin Denies    
Scherer Minnesota Stearns Grants      
Perkkio Minnesota Dakota Grants    
Landwehr Minnesota Stearns Grants    
Cashman Minnesota Stearns Grants    
Knapp Minnesota Stearns Grants 73-CV-12-11509  
Conroy Minnesota Hennepin Denies 27-CV-12-19672

Distinguished from McNeely based on Petitioner consenting to taking a chemical test and having performed a breath test rather than a blood draw. Petitioner was read the IC Advisory and consented to the breath test.

Duncan Minnesota Steele Grants Attorney Joel Eaton  
Sutherland Minnesota Dakota Grants    
Displaying 1 - 75 of 112 1 2