Case Law Updates

11
Mar

Minnesota's Revenge Porn Law Ruled Unconstitutional

Posted By
James Gempeler
Case Law Updates, Felonies, Gross Misdemeanors / Misdemeanors
In December 2019, the Court of Appeals struck down Minnesota’s revenge porn law that made it illegal to “intentionally disseminate an image of another person who is depicted in a sexual act or whose intimate parts are exposed.” Minn. Stat.…
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14
Feb

Lying to Police is not Obstruction of Legal Process in Minnesota

Case Law Updates, Gross Misdemeanors / Misdemeanors
Obstruction of legal process in Minnesota is a very serious charge, but it also can be overcharged by cops that are inpatient or simply out to get a defendant. One way in which we have seen it overcharged is when a defendant is not cooperating or lyi…
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21
Jul

Restitution in Minnesota - Direct Causation Required

Case Law Updates
Over the past few decades, the criminal justice system has endured a massive change in its treatment of alleged crime victims and offenders. Those accused of committing crimes have been subject to increasingly punitive outcomes, both in law and publi…
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20
Mar

Flipping the Bird to Cops - Not a Basis for the Cop to Stop You (Federal Court Decision)

Case Law Updates, Constitutional Rights
Let’s be honest. How many times have we wanted to flip the bird to a cop after pulling us over for a mundane traffic violation? Countless? Maybe just a couple? Either way, it’s probably crossed our minds when we think the minor infraction…
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28
Jun

SCOTUS Opinion - Warrant Required to Get Cell Phone Tower Records

Case Law Updates, Constitutional Rights
In a surprising decision in Carpenter v. U.S., the Supreme Court of the United States (SCOTUS) ruled that law enforcement must have a warrant in order to seek historical cell phone tower records that can accurately identify the location of a person b…
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1
Mar

Carrying While Under the Influence

Case Law Updates, Criminal Charges, Gross Misdemeanors / Misdemeanors, Gun Rights
In Minnesota, it is illegal to be carrying while under the influence of alcohol or controlled substances. The offense can be either a misdemeanor or gross misdemeanor, requiring possible jail and/or a heavy fine, not to mention revocation of the pers…
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6
Sep

Drug Detection Dog Search in a Secured Apartment Building - Get a Warrant!

Case Law Updates, Constitutional Rights, Drug Crimes, Uncategorized
This week, the Minnesota Court of Appeals issued an important decision, pulling back the expanding usage of drug detection dogs for searches of controlled substances. In State v. Edstrom, the Court of Appeals held that law enforcement must get a warr…
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13
Jul

Evidence at Restitution Hearings

Case Law Updates
A common part of sentencing is restitution – which is supposed to repay any victim the out of pocket losses they sustained as a result of the crime. As you can probably imagine, restitution requests can lead to a lot of issues, particularly whe…
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3
Feb

CVO - Defining 'Operation'

Case Law Updates, Criminal Vehicular Operation
Criminal vehicular operation (CVO) is a charge with steep and long-lasting consequences. Central to a CVO is that the defendant was “operating” the motor vehicle. This differs than the DWI law – which has similar fact patterns ̵…
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31
Aug

State Can Dismiss and Re-file in Bad Faith - Supreme Court Decision

Case Law Updates
Last summer, the Court of Appeals decided that it is bad faith for a prosecutor to dismiss a case, with the express intent to re-file criminal charges against the same defendant, after a Court had denied a continuance request. The Court of Appeals pr…
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