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1
Nov
What starts as a routine traffic stop, can quickly turn into a high stakes encounter when police suspect drugs are involved. The key though is how and why the police ‘suspect’ the presence of drugs. And, trust us, we have seen “crea…
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16
Aug
A Buccal Swab Search May Require A Search Warrant
Under both the United States and Minnesota Constitutions, we have the right to be secure in our “persons, houses, papers, and effects from unreasonable searches and seizures.” But what does it mean to be “secure,” and where exactly is the lin…
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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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26
Oct
Odor of Marijuana May Not Justify a Vehicle Search - Under Certain Circumstances
As the world slowly but surely progresses to an era when marijuana will be legalized by every State, the courts are lagging behind, as usual. The courts have always been slow in responding to the evolution of things, such as trying to figure out the…
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7
Apr
Veterans Criminal Defense - Deferred Prosecution Law
Veterans are among the most selfless individuals in our community. They give up everything in order to serve and protect us. In doing so, unfortunately, it often comes with physical and mental health injuries. For the latter, it is not uncommon that…
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17
Mar
Threats of Violence Reckless Disregard - Defined
The threats of violence crime – formerly known as terroristic threats – is a serious felony level offense that includes a broad definition. That broad definition has led to plenty of litigation over the years on whether alleged misconduct…
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6
Jan
Conditional Release Violation - Case Law Update
If you are arrested for a crime in Minnesota, it is likely that you will be placed on bail or release conditions. The release conditions can be quite simple – to remain law abiding and make all future court appearances. However, sometimes the Court…
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23
Nov
Confessions Must Be Corroborated By Independent Evidence To Prove the Crime
The Minnesota Supreme Court just issued a ruling (State v. Holl, A19-1464) relating to the corpus delicti rule of law, in which a confession to a crime must be accompanied by some other evidence to result in a conviction. The idea is that criminal co…
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7
Jan
Minnesota's Revenge Porn Law Upheld by Supreme Court
A little more than a year ago, the Minnesota Court of Appeals issued a significant ruling when it found that Minnesota’s revenge porn law (more formally known as nonconsensual dissemination of private sexual images) was unconstitutionally overb…
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