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A TYPICAL DWI ARREST WILL USUALLY INVOLVE THE USE OF DWI FIELD SOBRIETY TESTS. In order for a police officer to require an individual to submit to DWI field sobriety tests, the officer must have observed something that lead to a reasonable suspicion that the person was driving or operating a motor vehicle under the influence of alcohol or a controlled...

ANOTHER MOTOR VEHICLE SEARCH WARRANT EXCEPTION IS KNOWN AS THE INVENTORY SEARCH. An inventory search of a vehicle occurs when the police are impounding a vehicle.  As long as the vehicle is being lawfully impounded, the police can search the vehicle as long as the search is conducted pursuant to a standard departmental policy.   An inventory search does not...

It’s important to make sure you report to the correct courthouse for your first appearance in Minnesota criminal court.   Where your crime was alleged to have been committed will determine which courthouse you must report to.  You can check the Minnesota state court website here for a list of courthouse locations. The severity level of the crime you have been...

A federal revenge porn law has finally been announced.   This law has been expected for about a year. The delay shows the difficulty in creating criminal laws that potentially intrude on 1st Amendment free speech issues. The full text of the federal revenge porn law, titled the Intimate Privacy Protection Act, can be found here. The federal crime is...

One of the most common questions I get asked is, “Do I have to let cops in my house if they knock on my door and tell me they need to come in?” The short answer: no. Oftentimes, police will approach a residence because they have some questions for someone they believe lives at that home. Even if you...

The first encounter you will have with the police if you are arrested for a Minnesota DUI will most likely be on the side of a road or perhaps in a parking lot.   The officer will most likely allege that you committed some sort of driving or traffic violation that prompted the stop of your vehicle.  After stopping your...

Criminal Vehicular Homicide in MN The Minnesota criminal vehicular homicide statute punishes someone who causes the death of another while operating a motor vehicle under one of several conditions.   The criminal vehicular homicide statute, while punishing an action that causes the death of another, is different from murder or manslaughter.   There is a distinction between the intent and the risks the person took...

Co-workers don’t always get along.  Sometimes they fight.  Sometimes they get injured.   If they do get injured, the issue becomes whether the injury is covered by workers’ compensation insurance.  This issue can have major implications because workers’ compensation insurance covers wage loss, medical expenses, and compensates for permanent injuries. Minnesota Statute 176.011, subd. 16, provides: injury arising out of and in the...

The final motor vehicle search warrant exception is known as the medical emergency exception. This search warrant exception is also referred to as a welfare check.   Under the medical emergency exception, the police may forcibly enter a closed vehicle if they see that the driver of the vehicle is unconscious, incoherent or otherwise non-responsive.  The entry of the vehicle is...