When Are Car Accidents Covered by Minnesota Work Comp Insurance?

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Many employers in Minnesota require their employee to travel in their vehicle as part of their job. The issue of whether an employee’s motor vehicle insurance or workers’ compensation insurance covers the injuries can become an issue.   As with any injury, it must first be decided whether the injury arose in the course and scope of employment. However,...

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Weapons Search Exception

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ANOTHER EXCEPTION TO THE SEARCH WARRANT REQUIREMENT IN THE MOTOR VEHICLE CONTEXT IS KNOWN AS A WEAPONS SEARCH EXCEPTION. The weapons search exception allows a police officer to conduct a limited pat-down search of a suspect’s outer clothing without a search warrant in order to find dangerous weapons that might be used against the officer during the traffic stop. There...

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Police Need Search Warrants in DUI Arrests

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The United States Supreme Court has ruled that police need a search warrant to test a driver’s blood alcohol content following a DUI arrest. Missouri v. McNeely refuted the state’s argument that the body’s natural elimination of alcohol creates an automatic exception to the warrant requirement.   Before this decision, police officers got around the Fourth Amendment’s warrant requirement by arguing...

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Police Approach to a Stopped Vehicle

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WHETHER YOU NEED A ST. PAUL CRIMINAL DEFENSE LAWYER FOLLOWING A RECENT ARREST MAY DEPEND ON THE CIRCUMSTANCES OF THE POLICE ENCOUNTER. Minnesota police officers have a limited right to approach a stopped vehicle in public. An officer does not seize a driver under the law if the officer approaches an already stopped vehicle and simply asks the driver for his...

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Plain View Exception

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VEHICLE SEARCHES IN PLAIN VIEW EXCEPTION Continuing the discussion on warrantless vehicle searches, the plain view exception also allows police officers to seize evidence of a crime that is in plain view or plain sight. As long as the police officer has a right to be in the position he is in when he views the contraband, the officer...

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How Does Minnesota No-Fault Insurance Work?

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What You Should Know About No-Fault Insurance in MN When you are involved in a motor vehicle accident in Minnesota, questions regarding Minnesota no-fault insurance will arise. In basic terms, Minnesota no-fault insurance covers medical expenses, transportation expenses, wage loss, and some other expenses stemming from a motor vehicle accident regardless of fault. What this means is that even...

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Traffic Stop Outside Jurisdiction

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As noted in our earlier post, Minnesota police officers need reasonable suspicion of criminal activity before they can lawfully stop a motor vehicle within their jurisdiction. This is a very low standard. Police officers can stop a motor vehicle for the simplest of offenses, including driving on the shoulder and crossing the center line. But what if an officer conducts a...

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The Presumption of Innocence

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WHAT EXACTLY IS A PRESUMPTION OF INNOCENCE? Every criminal defendant is entitled to a presumption of innocence. But what does this really mean? It sure doesn’t seem like an accused is presumed innocent if he’s sitting in jail on a massive bail.  Or sitting in front of a jury with a criminal defense lawyer listening to a judge read off the...

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Workers’ Compensation Medical Bills

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WORK COMP MEDICAL BILLS In general terms, an injured employee has the initial burden of showing that a work injury arose out of and was in the course of employment in order to be covered under Minnesota workers’ compensation law.  If the injured employee can meet that burden, the employee must then show that any medical bills or treatment...

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Why Hire a Minnesota DUI Attorney?

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WHY SHOULD I HIRE AN ATTORNEY FOR MY MINNESOTA DUI CASE? This is a very common question.  Many people think a DUI is pretty straightforward and there isn’t much a DUI attorney will be able to do for their case.  This is true in some cases.  DUI attorneys aren’t magicians.  We can’t inject facts into a case that would...

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