18
Apr

Legality of a DWI Stop - More than Curiosity is Required

Constitutional Rights, DWI
Often the best defense starts with whether the DWI stop of the vehicle was legal. The Fourth Amendment guarantees that we are free from unreasonable searches and seizures. This demands that the police first have a legal basis to even stop the vehicle…
Read More
7
Mar

Private Security and Fourth Amendment Implications

Arrest, Constitutional Rights
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…
Read More
12
Sep

Search Warrant Requirements

Constitutional Rights
The Fourth Amendment assures us that we have the right to be secure in our “persons, houses, papers, and effect from unreasonable searches and seizures.” Except when numerous exclusions may apply, the State must obtain a valid warrant to…
Read More
11
Sep

Cell Phone Evidence - The Basics

Constitutional Rights
With smart phones becoming such a critical part of our lives, cell phone evidence is becoming more common. Crucial evidence to a case is often found within the data of the cell phone. The State can obtain this evidence, but it is not easy and can lea…
Read More
24
Jun

RIP 4th Amendment - Part 1 - Utah v. Strieff Decision

Arrest, Case Law Updates, Constitutional Rights, Evidence
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…
Read More
9
Dec

Equal Protection and Due Process Violations in Minnesota DWI Law

Case Law Updates, Constitutional Rights, DWI
As the veritable Justice Alan Page penned: “(Minnesota) court(s) apparently wish that we lived in a world without Missouri v. McNeely.” Such a strong shot fired at his fellow justices is true because ever since the United States Supreme C…
Read More
1 2 3 Last »