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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…

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…

Cop:                “Will you take a breath test?” Driver:            “Get a warrant.” Cop:                “I don’t need one.” Driver:            “My attorney just said you do.” Cop:                “Your attorney is wrong.” Tomorrow, the United States Supreme Court (SCOTUS) hears oral…

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