Can the courts really kick someone out of his or her own house? Yes, in certain situations. The most common we see is where the person who solely owns or rents the residence is accused of domestic assault. The accuser, who is in a domestic relationship with the accused, may not be on the title or lease, but lives primarily...
A man in Georgia was convicted of Disorderly Conduct for flipping his pastor the bird during their Sunday service. The Georgia Supreme Court then overturned the conviction because he is constitutionally protected under the First Amendment. (Read the Opinion Here) This begs the question; can I get in trouble in Minnesota for flipping the bird? The answer is possibly. Georgia’s...
The Minnesota Supreme Court held as unconstitutional a portion of the disorderly conduct statute related to disturbing lawful assemblies or meetings, but did not rule on other portions of the statute. The Court ruled in the case of Robin Hensel, who was charged with disorderly conduct under Minn. Stat. § 609.72, Subd. 1(2). Ms. Hensel attended a Little Falls City...
Whether right or wrong, sometimes victims of domestic assault do not want their assailants to incur criminal charges and consequences. Police investigate these situations and provide their reports to prosecutors. It is prosecutors, and only prosecutors, who make decisions on whether to charge an individual with a crime, and how to resolve, dispose, or try a case. A prosecutor is...
Some police departments in Minnesota are already equipped with body cameras. More departments are now likely to adopt them after Minnesota Governor Mark Dayton recently signed a bill into law that sets regulations for the cameras’ use effective August 1, 2016. In the wake of recent officer-involved shootings, such as Michael Brown in Ferguson and Jamar Clark in Minneapolis, the...
The United State Supreme Court ruled today that in cases of criminal threats, the communicator’s intent matters more than the receiver’s interpretation. In the case at issue, Elonis v. U.S. (No. 13-983), Anthony Elonis was prosecuted for making threatening communications, under 18 U.S.C. § 875(c). Elonis posted statements on Facebook after his wife left him and took their two children....
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