In August, Minnesota joined 19 other states and enacted a hands-free law making it illegal to handle your phone while driving. This new law goes beyond the basic no texting and driving rules that were already in place. In essence if you are driving a motor vehicle you cannot have your cellphone or any wireless…
In State v. Schmidt, a police officer was patrolling the area of a known drug house. The officer noticed Schmidt’s vehicle parked at the house and knew Schmidt did not have a valid driver’s license. The officer waited for Schmidt to leave the house and initiated a traffic stop. The officer then peppered Schmidt with…
d Why did the Minnesota Supreme Court publish an opinion on a stop issue in a routine DWI case last week in State v. Morse? Stop issues are often challenged at the district court level; and sometimes taken to the court of appeals. But the Minnesota Supreme Court? Unlike the court of appeals, it does…
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“What is wrong with a Breathalyzer test when it can save lots of lives…?”[1] “[A Breathalyzer] is about as uninvasive as a search can possibly be…”[2] “Suppose you could set up a system where somebody could be reached within 10 or 15 minutes, and they would, in almost all circumstances, give a warrant.” “…[w]hat would…
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Recently, the House introduced two bills that would drastically increase the use of ignition interlock[1] devices across Minnesota. HF 1112 aims to require ignition interlock for all DWI offenses; and, HF 2690 would do so for all repeat DWI offenders. The latter seems more realistic, while the former is overly optimistic. Currently, Minnesota only requires drivers…
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In “all criminal prosecutions, the accused shall enjoy the right . . . to have the assistance of counsel.”[1] Any traffic stop can be unnerving for most people. When pulled over on the side of the road, you may sense your pulse increasing. What is going to happen? If you believe the cop is going…
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