When is a Miranda Warning Required?

The Fifth Amendment provides that no person shall be compelled to be a witness against themselves in a criminal case. In lay mans terms, the Fifth Amendment is the right against self-incrimination. Per a 1966 United States Supreme Court decision, a M…
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Private Security and Fourth Amendment Implications

Many establishments and retail stores hire private security. Often the private security personnel are the ones that witness an alleged crime and call the cops to the scene. Sometimes, the private security will go so far as detaining the person until…
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RIP 4th Amendment - Part 1 - Utah v. Strieff Decision

In an era where the 2nd Amendment is untouchable, the 4th Amendment is nearing extinction due to two rulings this week by the U.S. Supreme Court. Before getting into the first decision – Utah v. Strieff – let’s remind ourselves of w…
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Bail Amounts in Minnesota

When a person is in custody, he or she can be released on their own recognizance, on conditions (called conditional release) that may include a condition of reduced bail, or on maximum bail. So, the question we often get is – what is the maximu…
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Requesting an Additional Test When Arrested for DWI

When you are arrested for a DWI, you will be asked by the Officer to submit to a breath test, or either provide a urine sample or have blood drawn in order to determine your blood alcohol concentration (“BAC”) level. What the Officer likely will…
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Arguing Against Conditions of Release

If you are in custody, the Court may impose conditions of your release, even if you are released on your own recognizance – i.e. without bail. The conditions of release are supposed to be imposed for the purposes of ensuring your appearance at futu…
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