30
Jan

Timing Isn’t Everything: Minnesota Court of Appeals Reaffirms Search-Incident-to-Arrest Principles

Case Law Updates
The recent Tate v. Robinson case serves as a powerful reminder that under the Fourth Amendment, probable cause (not the precise sequence of police actions) is what matters most. In a pretrial appeal, the Minnesota Court of Appeals reversed a district…
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26
Jan

When Anger becomes a Crime: Threats of Violence in Minnesota

Case Law Updates
In State v. Fitch, the Minnesota Court of Appeals reaffirmed a principle that continues to shape threats-of-violence prosecutions in Minnesota: words spoken in anger are not automatically protected speech, and context matters. When words reasonably c…
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15
Aug

Minnesota Felony Tax Crimes – Update – Court of Appeals Got it Wrong (In Our Opinion)

Case Law Updates
In a recent blog post, we questioned whether the court of appeals would follow the law when analyzing a Crow Wing district court order that dismissed a Minnesota felony tax crime case due to the lack of any evidence surrounding the requisite intent.…
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15
Jan

Does a Drug Dog Sniff Inside a Vehicle Require Probable Cause?

Case Law Updates, Constitutional Rights
Traffic stops. We have all been there. You notice the flashing lights in your rearview mirror, pull over, and prepare for the usual questions. But what if the officer doesn’t ask you any questions and instead orders you out of your vehicle and call…
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1
Nov

When Can Police Use a Drug Dog Sniff to Search Your Vehicle?

Case Law Updates, Constitutional Rights, Drug Crimes
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

Case Law Updates, Constitutional Rights
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

Case Law Updates, Constitutional Rights
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

Case Law Updates, Criminal Charges, Gross Misdemeanors / Misdemeanors
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

Case Law Updates, Constitutional Rights, Drug Crimes, Felonies
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

Case Law Updates, Diversion Programs, Veterans
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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