21
Jun

The Expanding Definition of Curtilage Under Minnesota 4th Amendment Protections

The home has long been regarded as one’s most private and protected domain. The Fourth Amendment protects a person’s residence the most and goes to great lengths to ensure this protection is real and meaningful. That is why it extends to not…
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16
May

A Disorderly Conduct Charge from Words and Actions Does Not Violate First Amendment Rights

We have all encountered someone who cannot control themselves when something rubs them the wrong way. Instead of keeping their cool, they take it upon themselves to cause a scene. In Minnesota, taking that scene too far can land you with a disorderly…
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6
Apr

What is a Geofence Warrant and Why is it Important?

Where technology has evolved, individuals are not just traveling with everything at the push of a button, but they are also carrying the ability to track their location with them. When a person carries a cell phone, it pings off the different cell ph…
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26
Feb

Why an Expungement Lawyer Is Needed for An Expungement

Technically, you do not need an expungement lawyer. But going in without one is to your own detriment. The expungement process is detail-oriented with what must be filed and served. And the hearing involves State opposition from trained attorneys and…
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15
Feb

Misdemeanor vs. Felony - Levels of Crimes in Minnesota

A common question we get from our clients and family/friends is: what is the difference between a misdemeanor vs. felony? To understand this, we will go over the full list of levels of crimes in Minnesota, starting with a type of conviction that is t…
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27
Oct

What is a DRE and Why It is Important?

If you are charged with a marijuana DWI, the State’s manner of proof is far different – and frankly harder – than a standard alcohol-related DWI. The primary reason is that the State is forced to prove actual impairment and cannot r…
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26
Sep

The Odor of Marijuana Alone May Not Justify Vehicle Search

The Supreme Court recently issued a critical decision that will have wide-ranging impact that coincides with the new legalization of marijuana. As outlined previously in this blog, the Court of Appeals ruled that the mere odor of marijuana – wi…
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31
Jul

Marijuana DUI Article Quotes James Gempeler

With the legalization of marijuana possession and use on August 1, 2023, there will be a dramatic change and impact on how police enforce these new laws. And with it will come learning curves. A major point of issue will be the inevitable uptick in m…
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6
Jun

Felon's Right to Vote Restored Sooner with New Minnesota Law Change

One of the most significant collateral consequences to a felony conviction is the loss of civil rights. The primary civil rights in play are the person’s firearm rights and, most importantly, the right to vote. For the latter, a felon’s r…
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30
May

Minnesota's Texting While Driving Law is Revised Again - 2023

The Use of Wireless Devices statute – which governs the use of cell phones while driving – has undergone another revision. And it comes just four short years since its most recent revision, demonstrating the ongoing battle to tamper down…
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