Marijuana DWI Conviction Requires Actually Being Under the Influence of Marijuana You can get a Marijuana DWI in Minnesota. But, under Minnesota law, you must actually be under the influence of marijuana. Mere presence of marijuana in your system is not enough. Recently, the Minnesota Court of Appeals addressed this topic in State v. Berger….

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…

The Minnesota Legislature is busy working to amend MN DWI vehicle forfeiture laws. Among the most prominent changes on the table will impact innocent owner claims and the ignition interlock exception. The bill passed the House State Government Finance Division and was referred to the Ways & Means Committee. It is gaining steam and there…

The Sixth Amendment guarantees a defendant’s right to confront their accusers. If a person exercises their constitutional right to trial, then the prosecution must present the defendant’s accusers and subject them to cross examination by the defense. The Confrontation Clause demands this. However, with every great constitutional protection, there are exceptions. If the prosecution has statements it…

Track the phone, track the person. As cell phones have become a vital organ to many, the ability to locate a phone allows law enforcement to place a person in a specific area. It is impossible for the Fourth Amendment to keep up with the technology explosion in real time. But eventually, case by case,…

“What is wrong with a Breathalyzer test when it can save lots of lives…?”[1] “[A Breathalyzer] is about as uninvasive as a search can possibly be…”[2] “Suppose you could set up a system where somebody could be reached within 10 or 15 minutes, and they would, in almost all circumstances, give a warrant.” “…[w]hat would…

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