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 so there is no reasonable expectation of privacy. U.S. v. Diaz-Castaneda, 494 F.3d 1146, (9th Cir....
There are a number of crimes that base the degree of punishment on how much harm was done during the incident. Assault and criminal vehicular operation are common examples of these types of crimes. Minnesota divides the amount of harm inflicted into three categories: bodily harm, substantial bodily harm, and great bodily harm. Bodily harm is the lowest level of...
In general, the rule is not to talk to the police without an attorney. Generally speaking, giving an officer “your side of the story” will rarely ever help you. It’s rare that someone will “talk their way out of being arrested,” but they often talk their way into being arrested. Even if you are 100% innocent, you still should not...
St. Patrick’s Day is a holiday steeped in tradition, from embracing Irish roots to dying the Chicago River Green. March 17th leaves many people with a new green shirt in their closet and some with a headache in the morning. Make no mistake, law enforcement is well aware of what happens on St. Paddy’s day. There will be extra patrols...
On March 8, 2017, the Minnesota Supreme Court ruled that Minnesota’s law against electronic solicitation of children is constitutional. This decision reversed both a Minnesota district court and the Minnesota Court of Appeals, who both said the law was unconstitutionally overbroad in that it restricted a substantial amount of free speech. Krista Muccio was arrested after a father reported that...
A source of confusion in Expungement cases has been how to classify felony drug possession cases resolved with a statutory stay of adjudication pursuant to Minn. Stat. §152.18. If the court considers the case eligible for expungement pursuant to Minn. Stat. § 609A.02, Subd. 1, which explicitly allows for expungement of 152.18 cases, the petitioner is immediately eligible for statutory...
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 driving is distracting, but certainly not illegal. Talking on your phone while...
You have the right to request the department to conduct an administrative review of a license plate impoundment order within 30-days of the Notice of License Plate Impoundment. Under some circumstances, the department will rescind a license plate impoundment or give your regular plates back: The violator is not an owner or co-owner of the vehicle. The owner of the...
You first need to determine what exact steps your ex has already taken. Has your ex made a report to the police? If so, the police may be trying to contact you to get your side of the story regarding your ex’s allegations. You should not speak to the police during a criminal investigation without first speaking to an attorney....
In addition to facing felony charges, fleeing a Peace Officer in a motor vehicle can also result in your driver’s license getting revoked for a period of up to ten years depending on the circumstances. Fleeing means to increase speed, extinguish motor vehicle headlights or taillights, refuse to stop the vehicle, or use other means with intent to attempt to...