The Cops Ran My Plates and Pulled Me Over – Is That Legal?

The Cops Ran My Plates and Pulled Me Over – Is That Legal?

Who knows?! The constitutionality of license plate readers has yet to be challenged head on. Federal courts have decided that scans by license plate readers are constitutional searches that do not require a warrant because the plates are out in public, plain view and...
What You Can and Cannot Do on Your Phone While Driving

What You Can and Cannot Do on Your Phone While Driving

First of all, if you are reading this while driving, PLEASE STOP. You should never do anything while driving that could distract and put you at risk of an accident. We are all guilty of this on some level. Changing the radio station or talking with passengers while...
There’s no squad video, so will my case be thrown out?

There’s no squad video, so will my case be thrown out?

Highly unlikely. Over the past decade or two, dashboard-mounted police squad vehicle cameras have proliferated across Minnesota law enforcement agencies. Accordingly, squad video has become common evidence in cases involving traffic stops. But just because squad video...
Can I use my phone while I’m driving?

Can I use my phone while I’m driving?

Electronic messages are defined by the statute as “self-contained piece[s] of digital communication that [are] designed or intended to be transmitted between physical devices.” Examples include e-mail, text messages, instant messages, or commands or requests to access the internet. However, voice calls or automatically transmitted alerts are not considered electronic messages.

Mike Brandt’s MSBA Presentation

“Professor” Mike Brandt presented yesterday at the Minnesota State Bar Association’s Criminal Law seminar, “Everything But the Trial School.” He talked about tips and tricks for effective motion practice, based on his many years of...

Finally, A Second Chance: Minnesota’s New Expungement Law

The Minnesota Legislature and Governor Dayton enacted sweeping reforms to Minnesota’s expungement laws, which took effect January 1, 2015. A person’s criminal record aspect of their defense is perhaps second in importance only to their liberty. Minnesota has two...