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Criminal Defense Blog

Police GPS Tracking Device Constitutes Search Says U.S. Supreme Court

The U.S. Supreme Court ruled in late January that police attachments of GPS-tracking devices to automobiles are considered searches under the Fourth Amendment of the United States Constitution in the ...
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Watch Out - More People Are Being Charged With Felonies

The Dakota County attorney's office recently released a report detailing the number and type of charges that were filed for 2011. The report showed that the number of adults charged by Dakota ...
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Felony HRO Violation Must be Intentional

A felony conviction for violation of a harassment restraining order (HRO) has to be based on conduct that was intentional. The Minnesota Court of Appeals reversed and remanded a jury's finding ...
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I Was Arrested for DWI - Do I Need a Lawyer?

Nobody wants to see their money go to waste, particularly in a tough economy. If you have been arrested for DWI , you may be asking yourself if it worth spending the money to hire an attorney? Even if ...
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The Fourth Amendment Wins

On Monday, the US Supreme Court decided a case that reinforced the importance of the 4th Amendment to the US Constitution. The Court ruled that the police must have a search warrant to use a GPS ...
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Speeding and Possessing a Large Amount of Marijuana

Earlier this month South Dakota law enforcement officials arrested a man for possession of nearly 980 pounds of marijuana . The man has been charged with Felony Possession of Marijuana , Felony ...
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Don't Flee The Police - It's a Felony

Earlier last week a woman in a western suburb of Minneapolis , Anna Nyenhuis, briefly attempted to evade police with her young daughter in the vehicle. Ms. Nyenhuis has been charged with Felony ...
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You Don't Have to Drink to Get a DWI

Recently, north of Minneapolis, Mr. Steven Johnson was charged with 3rd Degree DWI and 5th Degree Drug Possession in connection with a motor vehicle accident . According to reports, Mr. Johnson had ...
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Even Simple Confrontations Can Be an Assault

Early yesterday morning a player for the Minnesota Vikings, Benny Sapp, was cited for Misdemeanor 5th Degree Assault and Careless Driving in Minneapolis. Mr. Sapp allegedly was engaged in two ...
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Watch Out - Police Increase Patrols and Arrests for DWI

Be careful this holiday weekend. Roughly 400 Minnesota law enforcement agencies are conducting increased DWI patrols during the month of December. In the first 11 days of this month, with less than ...
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The Police Need Probable Cause to Stop You

In my last blog post I discussed a recent Minnesota Court of Appeals decision dealing with what police conduct constitutes a stop or seizure . The Court of Appeals in that case did not discuss what ...
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The Fourth Amendment Still Has Meaning

There is hope that the 4th Amendment still has meaning. The Minnesota Court of Appeals ruled recently in the matter of the State of Minnesota vs. Michael Anthony Clark that a seizure has not occurred ...
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Arrested for Driving While Under the Influence (DWI) and Charged with DWI Test Refusal

Last week, a Minnesota woman with 2 prior DWI convictions was stopped for driving without her headlights on just south of Minneapolis, Minnesota. The officer noticed a strong odor of alcohol . The ...
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Possession of Firearms

Minneapolis man was recently convicted of possessing a handgun . The defendant had previously been convicted of multiple felonies , including a crime of violence. As such, he no longer had the right ...
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Alcohol Plus Accident with Injuries/Death Can Equal Major Felony

Recently, a man was charged and found guilty in a county near Minneapolis, Minnesota of 2 felony counts of Criminal Vehicular Homicide and Injury, along with felony DWI . The felony counts resulted ...
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Stealing a Backpack can Become a Felony

A Salvation Army bell ringer's backpack was stolen recently while the woman was collecting donations in downtown St. Paul. The contents of the woman's backpack had an approximate value of ...
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DWI Deaths Minnesota Go Down

The residents of Minnesota, collectively, have more than one-half million "alcohol related" driving offenses on record. Moreover, one in every eight (1:8) persons in Minnesota with a driving ...
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