A stay-at-home order is an order from a government authority to restrict movements of a population as a mass quarantine strategy for suppressing, or mitigating a pandemic, by ordering residents to stay home except for essential tasks or to work in essential businesses. Basically, this means that the government is attempting to “flatten the curve” by having non-essential workers stay at home as much as possible. More information on what is and is not essential can be found here.
Can I be charged with a crime for violating a stay-at-home order?
In Minnesota, it is a misdemeanor to violate the Executive Stay-at-Home order. Governor Walz’s order states:
As of now, very few people are being sent to jail for violating the stay-at-home order or social distancing requirements. This is because it would not make sense to put more people in close contact by putting them in jail. However, in some circumstances, people are being given citations. This is generally when people are violating the social distancing requirements (e.g. playing sport games in parks) or when someone has committed another crime that included violating the emergency order.
Some states are allowing more serious criminal penalties, but most of them seem to be focusing on education and civil penalties rather than criminal ones. People are mostly in danger of “charge stacking.” This happens when someone is already being charged with a crime and the police use the fact that they are also violating an emergency order to increase the consequences. Further, the police have an easier time of articulating reasonable suspicion because violating the stay-at-home order could function as a lawful basis for a temporary seizure.
If you find yourself facing charges for violating the stay-at-home order or have other legal problems during this time, reach out to us! You can find an attorney here.