Last week, the Minnesota Supreme Court took a giant step backwards in its Fourth Amendment jurisprudence in State v. Lindquist. After not adopting the good-faith exception[1] nearly two years ago in State v. Brooks, the Court in Lindquist decided to change course and swallow the exclusionary rule by adopting it.[2] The majority in Lindquist decided…

In the wake of Axelberg v. Comm’r of Pub. Safety, the legislature decided to expand the scope of defenses available for implied consent hearings.[1] Now, a person may raise the common law affirmative defense of necessity in an implied consent hearing (Minn. Stat. 169A.53, subd. 3(b)(11); subd. 3(h)).[2] This means: did the person act out…

“If I go to jail tonight, promise you’ll pay my bail.”[1] Ahh, the signs of true love: don’t worry hunny, if you go to jail, I will bail you out. Often times, however, the bail process is not so easy. Especially in Minnesota. Importantly, every arrest does not trigger bail. Just because a cop places…

“Woop Ba-Woop Woop Wooop!” What the..? Is that a cop? Is it meant for me? What did I do? I wasn’t speeding. What is your first thought when you hear the dreaded wail of your friendly neighborhood police cruiser and realize it is for you? Wondering why a cop pulled you over is typically your…

Minnesota’s New DWI Law – .16 or More BAC is Now an Aggravating Factor: Resulting in a Gross Misdemeanor for First-Time Offenders Many new laws take effect tomorrow (August 1, 2015) in Minnesota. The most significant new DWI law deals with alcohol concentration levels. Most everyone knows the legal limit to drink and drive is…

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