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Know Your Rights - Minnetonka Criminal Defense Lawyer
Evidence towards your case could be excluded
If you recently experienced a search of your home by police and feel your rights may have been violated, evidence could be excluded from your case. The United States and Minnesota constitutions require police officers to obtain a valid warrant before entering your home. The longer you delay, the more time the prosecution will have to mount a case against you, despite the fact their evidence was obtained by violating your rights.
Minnesota Criminal CodE - your protection
The provisions of Chapter 626 of the Minnesota criminal code are designed to require a warrant for member of law enforcement to enter a person’s house or seize their property. This warrant has to be obtained from a judge or magistrate. The judge will require the officer to offer reliable evidence of probable cause that a crime is occurring or did occur in your home. The warrant needs to be specific as to the areas of the home subject to search, and police are not permitted to search areas not authorized by the search warrant.
Exceptions to warrant requirements
Exigent circumstances – This is when it would probably be dangerous or futile to take the time to obtain a warrant. An example of this is if police believe there is drug activity occurring in the house, and it is likely the suspects will destroy the evidence
Consent – If you consent to a search, police do not need a warrant. Police can obtain consent from any person with authority to so, not just the actual
suspect. There may be issues with consent gained from someone who did not speak English, who was of diminished mental capacity, or was tricked by the officer into giving consent.
Plain view – If illegal items or activity appear in plain view, police officers do not need a search warrant to take those things as evidence.
Open fields – The open fields doctrine, which was developed by the United States Supreme Court in the 1920’s, states that pastures, wooded areas, open water, and vacant lots are not protected.
Don't give officers reasons to arrest you
You are not required legally to take any field sobriety tests in the state of Minnesota and you can refuse to do so without repercussions.
If you are pulled over by the police, stay in your vehicle. Talk very little and provide your driver’s license and insurance to the officer when they are requested.
Be polite, and don’t argue. Keep in mind you are not required to answer any of their questions, including where you have been, where you are going or how much you have had to drink.
If the officer begins to ask you questions, say that you feel uncomfortable in the situation and would like to speak with your attorney before answering any questions or performing any tests.
Don’t perform field sobriety tests! These tests are often not given or evaluated properly. The officer is looking for a reason to arrest you – don’t give them a reason.
Recent Cases
25 Sep
State Vs. Larson, 485 N.W.2d 571 (Minn.App 1992)
I was successful in challenging my clients stop at a checkpoint. The Minnesota Court of Appeals held that a "stop when safe" rule was entirely subject to the judgement of the individual officer and did not provide any guarantee against the "exercise of unbridled discretion" or "undetectable subterfuge."
25 Sep
State V. Mcllraith, A08-0122, (Minn. App. 2009)
We were able to exclude my clients breath test results where the police and jail personnel hampered my clients attempt to arrange for an independent, additional test of his own.