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…

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…

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…

New License Plate Impoundment / Whiskey Plates Law Whiskey Plates or Special Registration Plates are a requirement for drivers and vehicle owners who have been served an Order of License Plate Impoundment pursuant to DWI offenses. The Minnesota Legislature recently enacted a new law that allows for people to remove whiskey plates from their vehicles…

The Science of Bite Mark Evidence The use of bite mark evidence in the court room has been a widely accepted practice for decades. The science seems to make sense when looking at the surface; however, dig a little deeper and you will see the flaws behind the science of bite mark evidence making many…

DWI cases trigger more than simply going through criminal court. Receiving a citation, or formal complaint, listing your DWI charges can be awfully disheartening to read. Worries about your criminal record, jail time, and what might happen can be overwhelming. Adding further stress to the situation is wondering what is going to happen to your…

Recently, the United States Supreme Court heard oral arguments in Collins v. Virginia. The Court pinned two popular Fourth Amendment terms against each other: curtilage v. the automobile exception. In this case, the issue is whether a motorcycle parked on a driveway next to a house under a tarp is curtilage of a home warranting…

It depends on what the meaning of the word “was” was. In a 4-3 decision, the Minnesota Supreme Court engaged in a battle of statutory interpretation to limit the scope of offenses eligible for expungement in State v. S.A.M. Even though the legislature’s most recent expungement law’s intent was to broaden the scope of possible…

In the wake of the United States Supreme Court’s decision in Bernard v. Minnesota,[1] speculation ensued about how courts would apply the high court’s analysis. So far, two significant cases indicate the direction judicial officers are pointing us. Those cases are Hexom v. Minnesota and State v. Otto. In Hexom, he petitioned for a writ…

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