About Robert J. Shane

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So far Robert J. Shane has created 95 blog entries.

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 |2017-09-27T21:56:06+00:00December 21st, 2016|Defense, Search Warrants|0 Comments

Use of the Entrapment Defense in Minnesota

        In Minnesota, the entrapment defense may be used in a criminal case to combat government overreaching and obtain an acquittal. In order to prevail on the defense, a defendant  will need to establish by a "fair preponderance of the evidence" that the government induced him to commit the crime. Inducement occurs [...]

By |2017-02-11T13:28:45+00:00December 12th, 2016|Arrests, Defense, Entrapment, Sex Crimes|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 |2017-02-11T13:24:15+00:00October 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 |2017-02-11T13:30:33+00:00December 29th, 2015|Defense, Drugs, DWI|0 Comments

Expungement of a 5th Degree Drug Posession 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 defending 5th Degree Possession MN. You may have been  convicted of the felony offense  or plea [...]

By |2025-05-29T11:27:08+00:00October 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 |2017-02-11T13:32:08+00:00October 13th, 2015|Arrests, Defense, Drugs, Entrapment, Sex Crimes|0 Comments

Marijuana Grow House Defense in MN

I recently defended a client who was charged with operating a  marijuana  grow house. Drug Task Force agents executed a narcotics search warrant at his home and discovered  marijuana plants growing on all three levels. On the upper level of the home agents found 251 suspected  marijuana starter plants in a walk-in closet. The plants ranged between 1.5 and [...]

By |2017-02-11T13:32:49+00:00October 9th, 2015|Arrests, Defense, Drugs, Uncategorized|0 Comments

Anoka County Prostitution Sting

I recently defended two  clients in Anoka County who were charged with  misdemeanor  prostitution. The stakes were high as both clients had green cards and a conviction would  jeopardize their chances of becoming  U.S. citizens. The Coon Rapids Police Department designed an online ad to capture the attention of men interested in paying money for sex. The ad [...]

By |2017-02-11T13:33:29+00:00August 23rd, 2015|Defense, Entrapment, Search Warrants, Sex Crimes|0 Comments
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