Constitutional Rights

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…

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…

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…

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…

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…

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…

The Constitution protects every criminal defendant by declaring that the defendant is innocent until proven guilty. And in order to be proven guilty, the State must prove each and every element beyond a reasonable doubt. It is the State’s burde…

If you’ve just been served with an Order for Protection in Minnesota, your world is potentially flipped upside down. It is critical to understand what this Order is, how it immediately impacts you and your daily life, and what your options are…