Legal Opinion
State v. Wiseman
Court of Appeals of Minnesota
Decided July 16, 2012No. A11-1191PublishedCited by 5 opinions
1Opinion of the Court
OPINION
WRIGHT, Judge.
Appellant challenges his conviction of first-degree driving while impaired for refusal to submit to a chemical test, arguing that the imposition of criminal penalties for refusing to submit to chemical testing violates his substantive-due-process rights by criminalizing the passive or nonviolent refusal to submit to a warrantless police search. We affirm.
FACTS
On February 12, 2010, Officer Nicholas Stevens of the Lakeville Police Department observed a vehicle turn left from Pilot Knob Road onto Upper 182nd Street in Lakeville in violation of a red left-turn arrow. Officer…
2Cases cited27 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- County of Sacramento v. LewisSupreme Court of the United States · 1998
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- Zinermon v. BurchSupreme Court of the United States · 1990
- Washington v. GlucksbergSupreme Court of the United States · 1997
22 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- State v. RyceSupreme Court of Kansas · 2016
- State v. BernardCourt of Appeals of Minnesota · 2014
- State of Minnesota, (A15-0984), (A15-0998) v. Chao Moua, (A15-0984), (A15-0998).Court of Appeals of Minnesota · 2016
- Commonwealth v. HyattHanover County Circuit Court · 2014
- State v. ThomasCourt of Appeals of Minnesota · 2013