Legal Opinion

State v. Gilmartin

Court of Appeals of Minnesota

Decided August 8, 1995No. C6-95-508PublishedCited by 11 opinions

1Opinion of the Court

OPINION

TOUSSAINT, Chief Judge.

In this appeal from a pretrial suppression order, the state argues the district court erred in determining that a reading of the implied consent advisory is subject to the electronic recording requirement of State v. Scales, 518 N.W.2d 587 (Minn.1994). We reverse and remand.

FACTS

Respondent Thomas Gilmartin was brought to the University of Minnesota Police Station after a police officer suspected respondent of driving a motor vehicle while under the influence of alcohol. A police officer at the station read respondent the implied consent advisory. Respondent…

2Cases cited14 opinions

  1. Rhode Island v. InnisSupreme Court of the United States · 1980
  2. South Dakota v. NevilleSupreme Court of the United States · 1983
  3. Stephan v. StateAlaska Supreme Court · 1985
  4. State v. ScalesSupreme Court of Minnesota · 1994
  5. State v. Joon Kyu KimSupreme Court of Minnesota · 1987

9 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. State v. RameySupreme Court of Minnesota · 2006
  2. State v. VictorsenCourt of Appeals of Minnesota · 2001
  3. State v. ByronCourt of Appeals of Minnesota · 2004
  4. Thole v. Commissioner of Public SafetyCourt of Appeals of Minnesota · 2013
  5. State v. LopezCourt of Appeals of Minnesota · 1995

6 more not listed; retrieve them via the Exa API.

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