So, you’ve been pulled over and the officer is approaching your car. What can you do now? Under the Fifth Amendment to the Constitution, every person has the right to not answer questions by a government agent (e.g. have you been drinking? Where are you coming from? Where are you going?), and that is a right you should always exercise...
Depending on what city you live in, there are ordinances that prohibit allowing your dog to “run at large.” This varies depending on the city, but they all say generally the same thing. In short, a Dog at Large ordinance imposes a duty upon owners of dogs to refrain from allowing their dog to “run at large” within the city...
Yes, any obstruction in your windshield area or rear-view mirror area is a violation of Minnesota Statute § 169.71.1(a)(2). The exact language says, “a person shall not drive or operate any motor vehicle with any objects suspended between the driver and windshield.” The statute also prohibits cracks in a windshield which limit or obstruct proper vision, and any signs or...
So you’re going to be a cop for Halloween? Just don’t go too far when getting into character! In Minnesota, if you falsely impersonate a cop with the intent to mislead another that you’re actually a cop, you could face a misdemeanor charge. And if you take it a step farther and either gain access to a government facility not...
When it comes to these types of searches, the first question is whether the person has a “legitimate expectation of privacy” in the thing to be searched. The second questions is under what circumstances can the police search. A person has a legitimate expectation of privacy if: (1) the person has shown that they want privacy, and (2) society has...
Generally, under the Fourth Amendment to the United States Constitution, law enforcement officers need a search warrant to enter or search a person’s home, possessions, or vehicle. This is because the United States Supreme Court, in Arizona v. Gant, ruled that warrantless searches are presumed to be unreasonable except for a few “well-delineated exceptions,” to the warrant requirement. Those exceptions...
Although we all like to think that we are the best driver and that there is no cause for the police to pull you over, you may be surprised just how little it takes for a police officer to legally conduct a traffic stop. Police may stop you in your car if they have “specific and articulable facts” establishing “reasonable...
Upon an arrest for a subsequent DWI within ten years of the first DWI, the driver almost always is jailed and held for a bail hearing before a judge in court. If the case resolves with a conviction (meaning either the driver pleads guilty or is found guilty by a jury), then the mandatory minimum amount of jail time required...
Yes, if it is found in plain sight, while performing duties in a place they are required to be to perform their job. However, they are not required to report it. Generally speaking, government agents need a warrant to search a residence. However, firefighters do not need to obtain a warrant before entering a building to fight a fire. Once...
Beginning August 1, 2018, a new law in Minnesota will criminally penalize people who lie about service animals. Under the law, it is a crime to knowingly misrepresent an animal as an assistance animal in a public place to obtain rights and privileges available to someone who qualifies for a service animal. Minn. Stat. § 609.833 (2018). The new law...
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