On Monday, the Minnesota Court of Appeals decided Tyler Lee Johnson v. Commissioner of Public Safety. The opinion touches upon a number of different issues surrounding implied consent law, but it can be summed up succinctly with the following: if the police say you can lose your license for refusing a warrantless blood or urine…

The Minnesota Supreme Court ruled Wednesday that it is unconstitutional to charge someone with refusing to submit to a urine test in a DWI case in State v. Thompson. The decision came the same day as the court’s decision in State v. Trahan[1] which ruled that it is also unconstitutional to charge someone with refusing…

This week, the Minnesota Supreme Court continued Its barrage against Fourth Amendment protections. In State v. Fawcett, Justice Gildea wrote for the majority (4-3) in a holding that allows police officers to search for evidence of controlled substances in a person’s blood after it was analyzed for evidence of alcohol despite a lack of probable…

We recently blogged ad nauseam about the U.S. Supreme Court’s decision in Bernard v. Minnesota and its impact on DWI laws, especially in Minnesota. But the most important Fourth Amendment decision from the Court’s 2016 term is Utah v. Strieff. As a result, a police officer may illegally stop someone, see if they have an…

Ever wonder if someone is listening to your conversation when you are in a courthouse? Or, even standing outside the building on the courthouse steps? The answer may very well be yes – the government may be listening and they may be doing so without a warrant. Conversations around courthouses occur every day when court…

As the dust settles on the United States Supreme Court’s (SCOTUS) decision in Bernard v. Minnesota, what happens to DWI cases in Minnesota? The answer mainly depends on what type of test the driver took or refused to take. Breath Tests SCOTUS gave Its stamp of approval on Minnesota’s DWI Refusal law as it applies…

The wait is over. Last Thursday, the United States Supreme Court finally decided Bernard v. Minnesota.[1] Justice Alito’s thirty-eight-page opinion for the majority can be summed up with the following: breath testing is less invasive than blood testing; therefore the states can criminalize refusing to submit to a breath test in a DWI case, but…

Only thirteen cases remain without a decision in the 2015 term for the Supreme Court of the United States (SCOTUS). To date, the Court reached decisions in sixty-eight cases. Over the next eight days, the Court will convene three times: two non-argument sessions and one conference. Many scholars believe the Court will issue any remaining…

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…

Every day law enforcement officers across the country are seeking search warrants. To do so, they often prepare a search warrant affidavit, or application, and provide it to a judicial officer for approval. The affidavit must establish probable cause that evidence of criminal activity will be found in the area to be searched or the…

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