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269 N.W.2d 849

State v. Hoven

Supreme Court of Minnesota

Decided July 21, 1978

Supreme Court of Minnesota · decided 1978-07-21

Good law ✅— No negative treatment on recordhow we know

Decided 1978-07-21

How this case has been cited

Cited by 20 later decisions — most recently May 2010

2 federal appellate · 18 state decisions

10019781980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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TODD, Justice

¶1(concurring specially).

¶2I concur in the result. However, I do not agree that the evidence in this case justifies the conclusion reached by the majority that there was a pretextual arrest. Rather, I would hold that evidence obtained under the “plain-view” doctrine is not admissible where the opportunity of the arresting officer to obtain the plain view was secured by an illegal arrest.

¶3Further, I would hold that under the facts of this case evidence obtained pursuant to a consent to search was the direct product of an illegal arrest and therefore inadmissible against the accused.

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