When Can You Invoke Your Miranda Rights? MN Supreme Court Says Not Too Early Knowing when can you invoke your Miranda rights should be simple, right? The cops want to talk to you about something, you think all I have to do is say I want a lawyer and I should be good, right…right? Unfortunately,…

Driving Without a Valid License on Private Property is Permissible Recently, the Minnesota Court of Appeals overturned a driving with a cancelled driver’s license and DWI because the driver was driving on his driveway when the officer arrested him. In State v. Velisek, the court reversed Velisek’s convictions because the statute prohibiting a person with…

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…

Do you live in a house or an apartment? Or, some other abode? Why do we care? Depending on whether you occupy space on Boardwalk or Baltic Avenue, it will determine how much protection you have under the Fourth Amendment, at least according to the Minnesota Supreme Court. Recently, the court decided State v. Edstrom….

Last week, we discussed State v. Lugo,[1] a case addressing two distinct issues: (1) the proper standard of review for a trial court’s conclusion of law in an appeal by the State; and (2) whether a dog-sniff was supported by reasonable articulable suspicion. Today, we will discuss the opinion’s lesson on appellate standards of review: that…

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