Does a “Felony Stop” Require Reasonable Suspicion or Probable Cause? Routine traffic stops involve an officer turning their emergency lights on, pulling a vehicle over to the side of the road, and the officer calmly walks up to the vehicle. In a felony traffic stop (“felony stop”), the officer(s) usually stay back at their squad…
On Monday, the Minnesota Court of Appeals reversed a driver’s license revocation from one of our very own cases in LaClair v. Commissioner of Public Safety. In ruling in our favor, the court of appeals touched on a popular topic: when is law enforcement allowed to enter private property? Constitutionally protected areas, such as a…
Believe it or not, Minnesota courts often engage in defining simple words, such as “stop” and “at”. This exercise even occurs at Minnesota’s highest court – the supreme court. Recently, it did just that in State v. Gibson, Jr. This case addressed whether a peace officer has a lawful basis to stop a driver who…
Ion Swabs and Ion Scanners[1] are mainstream forensic science equipment used by law enforcement. You see them firsthand every day at airports when someone gets a random hand or luggage swab. Ion Scanners are cheap compared to other alternatives, can be handheld, and very little training is needed to use them. These are some of…
Parking enforcement is now a little trickier in some jurisdictions. In some places, parking enforcement officers place chalk on a car’s tires. The officer then comes back later to see if the chalk is still there. If it is, they believe there is evidence the car never moved and if it the vehicle has been…
You wake up in the hospital, an IV in your arm, handcuffed to a gurney, and a concerned nurse looking over at you. All you remember is being out with friends, getting in your car, the red and blue lights, and a police officer saying you are under arrest. Then nothing, a blank void in…
The Fourth Amendment of the United States Constitution provides protection against the government’s unreasonable searches and seizures for anyone on American soil. Even with this great constitutional protection, law enforcement can circumvent it to obtain information. One of these ways includes the third-party doctrine. This doctrine provides, in part, that outside entities who willingly turn…
Recently, the Minnesota Court of Appeals dabbled with Pine Martens and Goshawks. While doing so, it reviewed the validity of a search warrant in State v. Bishop. In Bishop, officers investigated a burglary of taxidermic mounts in a farm home. As law enforcement responded to the home, an officer knocked on the front door, a…
Minnesota appellate courts continue to beat down constitutional rights for drivers in MN DWI blood test cases.[1] This time, the onslaught continued in State v. Wood. While Appellant Wood’s unfortunate result was significantly impacted by unlucky timing, he also was on the receiving end of the appellate bench favoring search warrants over statutes. Importantly, Wood’s…
For anyone who has dogs, or is familiar with the characteristics of them, you know that the sense of smell is impeccable. The canine sense of smell is so good, that police and other law enforcement agents have even used them in detecting criminal activity. More particularly, the presence of narcotics. The question then becomes…
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