Does a Landlord have Authority to Consent to a Police Search of your Apartment?

It's Saturday night and you are in downtown Minneapolis  with your friends  having a good time. Before leaving your apartment, you smoke some marijuana   and leave behind about 45 grams in a plastic bag  on the kitchen table.  While you are gone, a  pipe bursts in your apartment and water  leaks down through the ceiling of  the apartment below [...]

By | July 22nd, 2017|Drugs, Search Warrants|0 Comments

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

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

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