Blog – Robert J. Shane
The Best Defense in a Minnesota DWI Case
If your criminal defense attorney is able to suppress the use of the blood, breath or urine test results in your Minnesota DWI case, you will have found the key to winning your case. The use of a chemical test result by the prosecution is c...
When Can the Police Walk a Narcotics-Detection Dog Down the Hallway of my Apartment Building?
Police are required to have a "reasonable, articulable suspicion" of drug-related activity before they will be allowed to walk a trained narcotics-detection dog down the hallway of your apartment building. The Minnesota Constitution protects ...
Minnesota Tax Evasion Defense
Any person who willfully attempts to evade or to defeat a tax imposed by law is subject to criminal prosecution. A conviction for tax evasion under federal law is a felony offense and carries a fine of not more than $500,000.00 and ...
Driving Under the Influence of Marijuana in Minnesota
It's a crime to drive a car in Minnesota when a person is under the influence of a controlled substance. https://www.revisor.mn.gov/statutes/?id=169A.20. Marijuana is defined in Minnesota as a Schedule I controlled substance. The punishment for a convi...
The Law of No-Knock Search Warrants in Minnesota
The police may obtain and execute a no-knock search warrant in Minnesota when they have reason to believe that the evidence inside a home or business may be destroyed if advance warning of the police entry was given to the occupants. A no-knock warrant...
The Law of No-Knock Search Warrants in Minnesota
The police may obtain and execute a no-knock search warrant in Minnesota when they have reason to believe that the evidence inside a home or business may be destroyed if advance warning of the police entry was given to the occupants. A no-knock warrant...
Self-Defense and the Duty to Retreat in MN
Was the self-defense claim doomed in the Clifford case when he failed to retreat to avoid the conflict with Vander Lee? The best defense for Sgt. Clifford would have been to simply ...
The Right To Refuse Probation in a Minnesota Criminal Case
Does a defendant have the right to refuse probation? The answer is yes. Often times the conditions of probation are more onerous to the defendant then serving out a jail or prison sentence. For example,&n...
Marijuana in a Motor Vehicle Minnesota Law
What are the penalties in Minnesota for transporting marijuana in a motor vehicle? The answer depends on the weight of the marijuana and its location. If the police find a "small amount of marijuana" in the trunk of your car, the offense is only a pett...
Marijuana in a Motor Vehicle Minnesota Law
What are the penalties in Minnesota for transporting marijuana in a motor vehicle? The answer depends on the weight of the marijuana and its location. If the police find a "small amount of marijuana" in the trunk of your car, the offense is only a pett...
MN Law on the Use at Trial of Defendant’s Prior Acts of Domestic Abuse
The prosecution is allowed to introduce into evidence at a criminal trial prior acts of domestic abuse committed by a defendant against a victim of domestic abuse or against any other family or household members. See https://...
Minnesota Law on Cell Phone Seizure without a Warrant
When can the police seize your cell phone without a warrant? This is a legitimate concern especially if your cell phone contains incriminating information that can be used to prosecute you. The warrantless seizure of a cell phone is unr...
Minnesota Law on Cell Phone Seizure without a Warrant
When can the police seize your cell phone without a warrant? This is a legitimate concern especially if your cell phone contains incriminating information that can be used to prosecute you. The warrantless seizure of a cell phone is unr...
Should I Snitch for the Police after a Minneapolis Drug Bust?
Snitching for the police has always been dangerous business. Police are very interested in climbing up the drug dealer food chain. They want to know who you bought your your drugs from and who else you may know that sells drugs. They want the big fish, not the small time dealer. Soon after your arrest, an investigator will come see you at the jail and request an interview. Promises will be made about not charging out your drug case in exchange for your participation in a controlled buy of [...]
Minneapolis Strangulation Attorney
The crime of domestic assault by strangulation is a serious felony level offense in Minnesota. Strangulation means "intentionally impeding normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another." See Minnesota Statutes Section 609.2247. Strangulation can occur in three ways: (1) manual which is accomplished by the use of the hands; (2) ligature which involves the use of a rope or cord; and (3) [...]
Do Police Have to Inform You about an Arrest Warrant?
No, the police are not required to inform a criminal suspect about the existence of an outstanding warrant for his or her arrest. Prosecutors will usually request an arrest warrant when charging out a more serious case like aggravated assault or first degree controlled substance crime where the suspect poses a serious threat to public safety, or in situations where the accused has a prior history of not responding to a summons to appear in court. If you or someone you know has an outstanding warrant for [...]
Can I Get a DWI while Parked in My Driveway?
Yes, this is what is called a physical control case. If you were under the influence of alcohol or tested above the legal limit, and were in a position to start the engine and operate the vehicle, you can be charged and convicted of a DWI. It doesn't matter that you never intended to start the car and drive off down th street, it only matters under the law that you had the ability to do so. If [...]
What to Do When There is a Warrant for Your Arrest
When you first find out that a warrant has been issued for your arrest, you become scared and don't know what to do. The police have been coming over to your house or apartment, knocking on the door and asking questions. What steps should you take? T...
What to Do When There is Warrant Out for Your Arrest
When you first find out that a warrant has been issued for your arrest, you become scared and don't know what to do. The police have been coming over to your house or apartment, knocking on the door and asking questions. What steps should you take? The first step is to meet and retain an experienced Minnesota criminal defense attorney before you are arrested. You do not want to be arrested first and then have no lawyer present in [...]
Can I Get a Constructive Possession Case Dropped?
Question Detail: I was in the passenger seat of my friend's vehicle while he was pulled over for taking an illegal right turn on a red. Police smelled marijuana. My friend said the car was his and anything in it was his. They searched the car and found marijuana, a grinder, and a bowl. Since the grinder was found BELOW the passenger's seat (imagine directly in the middle below the seat as it was a stash spot [...]
Will I be Required to Submit to Drug Testing at My First Court Appearance?
If you have been charged with a controlled substance offense and are making your first court appearance, the judge may order as a condition of your release that there be no use or possession of drugs and that you submit to random drug testing. You wo...
Will I Be Drug Tested at My First Court Appearance for a Drug Crime?
If you have been charged with a controlled substance offense and are making your first court appearance, the judge may order as a condition of your release that there be no use or possession of drugs and that you submit to random drug testing. You would be required by probation to submit to random urinalysis to determine if there is a detectable amount of controlled substance in your system. If you have been consuming drugs prior to taking the initial urinalysis, do not be concerned. The order only [...]
Are Police Required under Minnesota Law to Leave a Copy of the Search Warrant Affidavit?
Police are not required by Minnesota law to leave behind a copy of the affidavit establishing probable cause for the issuance of the search warrant for your home. Police are only required to leave a copy of the search warrant and an inventory of items seized from the residence. A copy of the search warrant affidavit establishing probable cause for the issuance of the warrant can be obtained by defense counsel by sending a demand for disclosure to the prosecuting attorney. A review [...]
Minnesota Vehicle Forfeiture Law
Has your car been seized by the police for forfeiture? If so, you may have a valid defense to the forfeiture proceeding. My advice is to meet with an experienced forfeiture defense attorney to review the facts of your case and discuss possible defenses. Please be advised that there is a statutory time limit for challenging a vehicle forfeiture. In Minnesota, a Petition for Judicial Determination of the Forfeiture must be filed with the court within 60 [...]
Do I Have to Produce My ID on a Traffic Stop?
The question often comes up about whether or not a person is required to produce identification when requested by a police officer after a traffic stop. The answer to the question depends on whether or not the stop of you car was legal. If the stop of your car was not supported by a reasonable suspicion of criminal activity, the officer has no legal basis to request that you produce identification, since the stop was illegal. If the stop of your car was supported by a reasonable [...]
