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…
Attorney Ben Koll Wins Motion to Suppress and Dismiss in DWI Case Recently, Attorney Ben Koll of Ambrose Law Firm won a motion to suppress and dismiss all charges in a Hennepin County DWI case. Here is a recap of his victory. In the Spring of 2020, just after the death of George Floyd, T.R….
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…
Crime Lab Testing Not Required to Find Probable Cause: MN Fifth Degree Possession Recently, the Minnesota Court of Appeals determined that the prosecution does not need to have a definitive scientific test establishing a criminal level of THC to survive a probable cause challenge in a fifth degree possession case. In most drug possession cases…
What is considered a firearm for MN ineligible in possession offenses? Minnesota law prohibits certain people from possessing firearms or ammunition. If convicted of being ineligible in possession of a firearm, it subjects the person to a mandatory minimum prison sentence according to the Minnesota Sentencing Guidelines. Therefore, it is crucially important to not only…
High Percentage of False Positives in Bite Mark Evidence Forensic odontologists who analyze bite mark evidence rely on two foundational premises. The first is that human skin is a suitable medium to capture data from, which as we discussed in our last post, is not true due to the elasticity of the skin. The second…
Peaceful protesting is not a crime. It is an impactful way, especially when done in mass numbers, to make your voice heard. Recent mass protests relating to the death of George Floyd led to a rash of arrests and citations. A common offense charged to protestors, mainly the peaceful ones, is the offense of Unlawful…
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…
When someone is wrongfully convicted, the judicial system failed. The shockwave from a botched case is endless. The impact reaches everyone involved: prosecutor, defense lawyer, judge, corrections officials, victim, family and friends of the accused, friends and family of the victim, and the public at large. But, most importantly, those erroneously convicted are hit the…
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