Blog – Robert J. Shane
Narcotics Dog Sniff and the Drug Package Profile
Does your package fit the drug package profile? If so, there may be reasonable, articulable suspicion for the police to conduct a narcotics dog sniff. If the dog alerts to your package, probable cause will be established for the issuance of a search warrant. The United States Constitution and the Minnesota Constitution protect all citizens with the fundamental right to be “secure in their persons, houses, papers, and effects against unreasonable searches and seizures.” Minn. Const. art. [...]
What to Do When the Feds Seize and Attempt to Forfeit your Cash or Property
Let's say you are at the Minneapolis airport and happen to be carrying $50,000.00 in cash in your backpack. The cash does not represent proceeds from any criminal activity. Instead, you are a hardworking American citizen who dutifully s...
When Can Police Freeze a Suspected Drug House while Obtaining 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 Use of Force to Defend against a Home Invasion
When can I use force to defend myself against a home invasion? Under Minnesota law, you are allowed to use a reasonable amount of force to defend yourself from an assault. The law allows the use force in self-defense during a home invasion when (1) you have not been aggressive toward or provoked the other person; (2) you have an honest belief that you are about to die or suffer great bodily harm; and (3) you must [...]
Minnesota Robbery Defense Lawyer
One of the central issues for the jury to decide in every robbery case is the identification of the suspect. The state will need to prove beyond a reasonable doubt that the defendant is the person who in fact ...
When Can Police Conduct a Pat Frisk?
Before the police can conduct a pat frisk, there must first be a lawful investigative stop. Police are allowed to temporarily detain a person or stop a car when there is reasonable suspicion that a crime has been or is being committed. The standar...
Do I have a Right to Make a Phone Call from Jail?
Yes, any person who is newly admitted as an inmate to a jail facility in Minnesota has a right to make either a local or collect long-distance phone call. The right to make a phone call from jail allows you to contact either a family member or a sig...
The Minnesota Firearm Enhancement Statute
The Minnesota firearm-enhancement statute applies to convictions for certain types of criminal offenses where a person had in possession or used a firearm at the time of the offense. The firearm-enhancement statute requires a person to serve a minimum term of imprisonment of not less than 3 years. The statute applies to the following criminal offenses: (1) murder; (2) assault; (3) burglary; (4) kidnapping; (5) false imprisonment; (6) manslaughter; (7) robbery; (8) criminal sexual conduct; and (9) controlled substance [...]
When Can I Be Charged with Terroristic Threats?
Whoever threatens to commit a crime of violence with the intent to terrorize another person may be convicted of a felony. The state is required to prove that a person had the specific intent to terrorize another person. For example, if a person says, "I am going to poison you to death" this sounds like a threat to commit homicide. On closer examination, this may not be the case. The person who made the statement may have [...]
When Can I Be Charged with Fleeing a Police Officer in a Motor Vehicle?
It's a felony offense in Minnesota for a driver to flee or to attempt to flee a police officer who is lawfully discharging his official duties when the driver knows or reasonably should know that he ...
Minneapolis Prostitution Defense Attorney
It's a misdemeanor crime in Minnesota for a "prostitute" to intentionally engage in prostitution. A prostitute is defined as an individual who engages in prostitution by being hired, offering to be hired, or agreeing to being hired by another individual to engage in sexual penetration or sexual contact. The crime of prostitution essentially means agreeing to engage in sex for hire. How do the police catch prostitutes and how can a prostitution defense attorney help? An officer will typically be dressed [...]
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 [...]
