About Robert J. Shane

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So far Robert J. Shane has created 87 blog entries.

When Can Police Freeze a Suspected Drug House to Get a Search Warrant?

        Officers who conduct a lawful arrest may   freeze a suspected drug house  while obtaining a  search warrant.  Officers must have  probable cause to believe that evidence of criminal activity may be found on the premises. When officers freeze a drug house, all occupants  will be required to stay and will be detained   while other officers  engage in the process [...]

By | November 5th, 2020|Search Warrants|0 Comments

Mpls. Police Use a Drug Dealer’s Cell Phone to Track Him Home

In a recent Minneapolis narcotics investigation,  officers used a cell phone locator tool to track a drug dealer to his residence. A confidential informant provided police officers with information that a suspect known as "Dennis" was dealing large amounts of powdered and crack cocaine in North Minneapolis. The informant supplied officers with the suspect's cell phone [...]

By | November 5th, 2020|Uncategorized|0 Comments

How to Avoid a Conviction on a Minnesota Theft Offense

        If you are charged with a theft offense in Minnesota, your case may be eligible for a diversion program. A diversion is a treatment program available to theft offenders and is an alternative to a conviction. The program requires you to participate in treatment and abide by other terms and conditions imposed [...]

By | November 5th, 2020|Theft|0 Comments

Minneapolis Riot Defense Attorney

In Minnesota, any person charged with rioting is facing a  very serious criminal offense. The riot statute divides the offense into three different degrees: first-degree riot, second-degree riot, and third-degree riot. First Degree Riot is the most serious but requires proof beyond a reasonable doubt that (1) the suspect is one of three or more [...]

By | June 2nd, 2020|Riot|0 Comments

When are the Police Allowed to Detain a Citizen in MN?

The United States and Minnesota Constitutions protect citizens from unreasonable seizures by the police.  If your liberty is restrained by the police through a show of authority or physical force, consider yourself detained. A seizure occurs when a reasonable person believes that he or she is not free to terminate police questioning or to walk [...]

By | April 16th, 2020|Seizure of the Person|0 Comments

MN Law: A Downward Departure Lowers a Prison Sentence

In a prison commit case, the Minnesota Sentencing Guidelines prescribe a range for the sentence  that "is presumed to be appropriate."  The idea is to maintain uniformity and proportionality in sentencing for all defendants with similar charges and criminal histories. A district court judge in Minnesota may depart downward from the presumptive guideline prison commit [...]

By | March 21st, 2020|Uncategorized|0 Comments

Charged with Soliciting Prostitution in a Public Place?

If you have been charged in Minnesota with gross misdemeanor soliciting prostitution in a public place, you may have an excellent defense. The typical fact pattern involves the police setting up a sting operation where they create a fictional "prostitute" with a pretty name like "Brittany." Brittany then posts an online advertisement offering to perform [...]

By | March 20th, 2020|Uncategorized|0 Comments