Driving Without a Valid License on Private Property is Permissible Recently, the Minnesota Court of Appeals overturned a driving with a cancelled driver’s license and DWI because the driver was driving on his driveway when the officer arrested him. In State v. Velisek, the court reversed Velisek’s convictions because the statute prohibiting a person with…

Minnesota Supreme Court Limits Governor’s Pardon Powers Recently, the Minnesota Supreme Court ruled against Governor Walz’s attempt to grant pardons without unanimity in Shefa v. Ellison. In Minnesota, the statute governing pardons states that the board of pardons consists of three members: the governor, the attorney general, and the chief justice of the supreme court….

Testimony Over Video Does Not Violate Confrontation Clause Recently, the Minnesota Court of Appeals addressed whether a police officer testifying via video violated a defendant’s right to confrontation in State v. Tate. The court ultimately said it did not violate the defendant’s constitutional rights and allowed the testimony to be admitted into evidence. During the…

License Plate Reader Used Without a Warrant or Exception Ruled Unlawful Recently, the Minnesota Court of Appeals addressed whether using an automated license plate reader (ALPR) was lawful when neither a warrant was obtained nor exigent circumstances existed. Because there is a Minnesota Statute governing ALPRs, the court of appeals focused primarily on that law…

Attorney Ben Koll Wins Motion to Suppress and Dismiss in DWI Case Recently, Attorney Ben Koll of Ambrose Law Firm won a motion to suppress and dismiss all charges in a Hennepin County DWI case. Here is a recap of his victory. In the Spring of 2020, just after the death of George Floyd, T.R….

Speedy Trial Demands During the COVID-19 Pandemic Since the beginning of the pandemic, courts across Minnesota and the nation have been dealing with an excess of court delays, cancellations, remote hearings, and continuances. The backlog of cases is gluttonous in some jurisdictions. For some defendants, waiting longer for their case to conclude is not that…

“Have you been drinking?” Legal Question Says MN Supreme Court During DWI Traffic Stop  Recently, the Minnesota Supreme Court waded into the waters of DWI traffic stops. In State v. Taylor, a cop approached a driver and asked him if he had been drinking. What is so wrong with that question, you ask? The officer…

Arizona Changes the Game in Jury Selection by Eliminating Peremptory Challenges Peremptory challenges allow attorneys to strike potential jurors from sitting on the jury without a reason unless it is motivated by race, ethnicity, or sex. This allows each side to remove potential jurors that they do not feel are best for their case without…

Woman Gets DWI While on Autopilot in Tesla Recently, a California woman got arrested for a DWI while driving her Tesla on autopilot. Allegedly, the woman passed out at the wheel while her husband was following her in another vehicle. Tesla’s self-driving mode allegedly took over command of the woman’s car. While the vehicle drove…

Minnesota Supreme Court Narrows Scope of Third-Degree Murder: State v. Noor On Wednesday, the Minnesota Supreme Court narrowed the prosecution’s scope of third-degree murder cases in State v. Noor. This is a highly publicized case throughout Minnesota and the nation. Noor, a Minneapolis cop at the time, was riding in the passenger seat of a…

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