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 number and   a description of the vehicles driven by the drug  dealer. Police Officers arranged a surveillance in order to track the location of [...]

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 sentence upon a showing of "substantial and compelling circumstances." Even if there are grounds to justify a downward durational departure a judge [...]

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 sexual services at a location selected by her. The advertisement includes a phone number where potential customers can contact her by text [...]

        If you have been convicted in Minnesota for the offense of felon in possession of a firearm for possessing a BB gun, you may be entitled to compensation for any time you served in prison or the county jail. The Minnesota Supreme Court has ruled that you can not be convicted of the  crime of felon in possession of a firearm if you are a felon and possessed a BB gun. The court [...]

If you are stopped for a traffic or equipment violation, you may end up with more than a citation.  A police officer who is trained in drug recognition may notice certain symptoms that indicate recent drug use. If you display these symptoms, you could be arrested for driving under the influence of a controlled substance. The symptoms displayed will vary depending on the type of drug consumed.  Cannabis use results in dilated pupils, increased pulse and blood [...]

The charge of felony strangulation is a serious offense in Minnesota as the crime places the life of the victim at risk. Strangulation is defined as the intentional impeding of breathing by applying pressure to the neck or throat or by blocking the nose or mouth of another person. https://www.revisor.mn.gov/statutes/?id=609.2247. The neck is a vulnerable place for applying pressure and unconsciousness can result in as little as 7-14 seconds. There may  be physical evidence of the crime in the form [...]

Before police are allowed to search your cell phone, they must first obtain a search warrant from a judge based on a probable cause determination. The probable cause requirement means that there must be a fair probability that evidence of a crime will be found in the contents of the cell phone. In other words,  there must be a sufficient "nexus" between the suspected criminal activity and your phone. A judge will review a search warrant affidavit when deciding  whether or [...]

When can police conduct a  pat-down search of your person? Let's assume you were driving your car on a Saturday night in downtown Minneapolis and just made wide turn  with a squad car trailing directly behind you. You happen to be carrying a hard cigarette pack containing a  small baggie of crystal methamphetamine in your right front pocket. You also have a baggie of meth falling out of your  jacket pocket located on your front passenger seat. You slow [...]

CONSENT SEARCHES. You may be asked by a police officer to consent to the search of your person, home, or car. What should you do? Just say no. DO NOT sign a Consent to Search form. The police will make all kinds of dire threats to gain your consent to search, such as: (1) we will get a search warrant if you don't cooperate; (2) you will be  arrested; (3) we will bring in the narcotics detection [...]

What's the law in Minnesota about carrying a pistol in a motor vehicle while under the influence of alcohol or a controlled substance? If you have a permit to carry and the pistol is located on or about your person or clothing, it's a misdemeanor   for a first time offense.   A second or subsequent offense is a gross misdemeanor.  The police are authorized to request a preliminary breath test in order to determine whether or not to [...]