About Robert J. Shane

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So far Robert J. Shane has created 57 blog entries.

Drug Conspiracy Law in MN

Who is a potential coconspirator to a drug sale? Any person  who conspired  with another person to commit a drug sale  where one or more of the coconspirators did some overt act in furtherance of the  of the conspiracy. https://www.revisor.mn.gov/statutes/?id=609.175. The courts in Minnesota have determined that everything said, written or done by a single coconspirator [...]

By | March 4th, 2017|Defense, Drugs|0 Comments

How to Insure a Low Bail Setting

If a person has been arrested in Minnesota, the goal is to have  bail set  in the lowest  possible amount in order to  expedite release from custody. Why is it so important for a defendant to be released from jail while his  case is pending? The main reason of course is to be able to return to your employment and prevent job loss.  The second reason is to be [...]

By | January 29th, 2017|Arrests, Bail|0 Comments

When Can Police Search a Visitor’s Personal Belongings during a Search Warrant?

The  Fourth Amendment to the Constitution protects our homes  against unreasonable searches and seizures by the police. A home may be search with a valid warrant but this will requires  a showing before a judge of probable cause to believe that a crime has been committed and  the home  contains evidence of the crime. Any [...]

By | December 21st, 2016|Defense, Search Warrants|0 Comments

POLICE SUBJECT MPLS. AIRPORT PACKAGES TO DOG SNIFF

Just when you thought your express mail package was safe from government intrusion, think again. Police at the Minneapolis/St. Paul airport are now free to remove any package from a conveyor belt and subject it to a sniff by a narcotics detection dog. This seeming violation of the Fourth Amendment is no longer considered an unreasonable search and seizure in [...]

By | October 12th, 2016|Drugs, Search Warrants|0 Comments

Police Entrapment in Sex Sting Cases

How do the police set you up on a typical sex sting operation in Minnesota?  The police may start by placing an ad on Backpages which reads something like,  "Naughty Little Play Things." The ad will  list the girls ages at 18. A person who responds to this ad will   soon be entrapped by the police through the use of [...]

By | September 8th, 2016|Defense, Entrapment, Sex Crimes|0 Comments

Minnesota Court of Appeals Declares Test Refusal Statute Unconstitutional

The Minnesota Court of Appeals  reversed the DWI conviction of a criminal defendant for refusing to submit to a urine test where police failed to obtain a search warrant. The Court held that  Minnesota's test-refusal statute is unconstitutional when applied to suspects who are charged with refusal to submit to either a warrantless blood or urine [...]

By | December 29th, 2015|Defense, Drugs, DWI|0 Comments

Expungement of a 5th Degree Controlled Substance Crime in MN

So at one time in your past you  made a mistake; the police  caught you with a felony amount of marijuana,  cocaine, or methamphetamine.  You were charged  in Minnesota with the felony offense of  Controlled Substance Crime in the Fifth Degree. You may have been  convicted of the felony offense  or plea bargained the case down to a Stay [...]

By | October 29th, 2015|Defense, Drugs|0 Comments

Can the Police use My Confession Against Me?

The answer to this question depends on whether or not your confession  was voluntary.  The Due Process Clause of the Fourteenth Amendment does not allow the prosecution to use  an involuntary confession  against you  at trial. When determining voluntariness, Minnesota courts look to see if the defendant's will was overborne at the time of the confession by the  police through the use of [...]

By | October 13th, 2015|Arrests, Defense, Drugs, Entrapment, Sex Crimes|0 Comments