Unreasonable Search & Seizure (Explained)

Check your constitution. As an experienced Minnesota Criminal Defense Attorney, I get a lot of questions about illegal/warrant-less searches.  Here are some things you need to know.

According to the Fourth Amendment Act, validates the reasonable right of privacy to an area that law enforcement might need to conduct a search or a seizure. Therefore, premises such as homes and apartments are considered private, and as such the government must have a court-issued search warrant before they conduct any search. In addition to that, the permit must be valid, meaning there must be probable cause. This (in theory) should prevent the police from  carrying out random intrusions.   under the law.  Another requirement is that the warrant must meet --- it must have been issued by an unbiased judge and contain details on where the search will happen and what should be searched. The police cannot search an area that isn’t described in the warrant and therefore cannot seize the property in that area too. 

All too often ... police have probable cause (to search) when they respond to criminal activities, and they conduct searches without a warrant. These so-called "exemptions" to the Fourth Amendment include:

• When a person willingly consents to a search. Under these circumstances, law enforcement personnel don’t need to have a warrant present during the search. They assume the individual knows the extent of the Amendment Act. The act not only protects the people’s rights to privacy, but also prevents any property seized during the search from being used in court as evidence.
• If you get pulled over while driving, possibly due to a traffic violation, the police can search the trunk and any other compartments of your car without a warrant. 
• Vehicles get exempted because they are mostly mobile and criminals can use them to conceal weapons and drugs away from their premises. If the police confiscate your car, they are free to search without a valid warrant.
• When arresting an individual, they can search the property for any evidence of criminal activity. In this case, police have a warrant for arrest, or one gets filed against you, and police suspect that they might collect evidence of your criminal act on your premises.When police witness you committing a crime in plain view and make an arrest, they may search and seize any personal items you have on you. If any of these things link you to criminal activity, then they are admissible in court as evidence.
• Sometimes an officer may stop you and conduct an investigative frisk if they suspect that you might possess a weapon or might be dangerous.

What happens when your Fourth Amendment rights get violated? The law considers that the individual have a reasonable expectation of privacy and to feel secure in their premises from arbitrary government intrusion.  If you feel as though your rights have been violated --- you should contact The Rolloff Law Office.  We know about the exclusions to the Search and Seizure Act. If you need legal advice in Minnesota - contact us today: (612) 234-1165

Minnesota DWI Lawyer - Explained

Looking for a qualified Minnesota DWI Lawyer? There are many experienced attorneys, skilled at protecting the rights of those arrested for Drunk Driving. Without an attorney, many people almost surely face jail time, severe fines, loss of license, or some combination of those penalties for a DWI charge. By pleading guilty to a DWI, you may be forfeiting the possibility of achieving a more favorable outcome.

Many Minnesota DWI Attorneys are able to achieve reduced fines, jail time, etc., and in some cases, they are able to have the charges against your dropped. Each case depends on its own facts. Learn more today and speak with a qualified Minnesota DWI lawyer by clicking this link and filling out the form on the bottom. Your initial consultation is free!

Why Hire a Lawyer

The penalties for Minnesota DWI Lawyer are far more expensive than the cost of hiring an experienced Drunk Driving Attorney.  If found guilty, you likely face: loss of license, jail time, thousands in fines, and mandatory SR22 Insurance which can cost thousands more in insurance premium!

Do not assume that you have to plead guilty because there is evidence against you

Those who plead guilty without fighting the Drunk Driving charges against them automatically submit to being a criminal, and they face jail time, or suspension or revocation of their license, or steep fines, all of the above, or some combination thereof. You may be worried that the evidence against you will be difficult to overcome – but you should know that even strong evidence may be rebutted in a court of law. Skilled Minnesota DWI Attorneys can challenge the validity of test results and the reliability of test methods that are supposed to determine whether a driver is intoxicated.

If you are concerned that your finances and freedom are on the line, then you have likely talked to someone about the penalties for a DWI in Minnesota. The fact that you are reading this website is a good sign – it takes the help of a seasoned Minnesota DWI Attorney to make a difference in the courtroom and at any other administrative hearing you may be required to attend.

Call the Rolloff Law Office today to set up a FREE consultation  (612) 234-1165.

Minnesota Drunk Driving Stops (Explained)

Drunk Driving arrests in Minnesota frequently begin with a  traffic stop made by a police officer or state patrol trooper.  After the stop there is generally a sequence of actions taken by the officer if they suspect the driver has violated Minnesota's DWI law.

There are of course, legal and illegal (constitutional and unconstitutional) ways of both initiating a traffic stop and conducting subsequent questioning, testing, etc.  The following is a brief overview of the constitutional issues surrounding typical DWI traffic stop in Minnesota.

If you have any questions about this, your next best step is to contact an experienced Minnesota Criminal Defense Attorney.

The Traffic Stop

An officer can make a brief investigatory traffic stop without violating the constitutional prohibition against “unreasonable searches and seizures” if they have “reasonable, articulable suspicion” of criminal activity.  An officer’s observation of a traffic violation, even if insignificant, can provide the officer with an objective and reasonable basis to make a legal traffic stop.

Typical traffic violations which provide a basis for a stop include speeding, not signaling a lane change, and equipment violations.

Initial Questioning

After an officer has made an initial stop, they generally ask the driver a series of questions (e.g. “Are you aware of why I pulled you over?”) and request a driver’s license/identification and vehicle registration information

Field Sobriety Testing (FST)

During the initial questioning in a Minnesota DWI traffic stop, the officer will often make observations of alcohol use and/or intoxication.  These observations frequently include slurred speech, glassy/watery eyes, (strong) odor of alcohol, slow reaction time, and the driver admitting alcohol use prior to driving. If the officer does make these observations, they can provide the basis (reasonable, articulable suspicion that the driver has violated the DWI law) to legally conduct a series of field sobriety tests.  The standard field sobriety tests (SFST) include a series of three tests:  the walk and turn test (WAT); the  one leg stand (balance) test (OLS); and the horizontal gaze nystagmus test (HGN).  There are also non-standardized field sobriety tests that the officer may have the driver perform including: the Romberg  (Balance) Test; counting backwards; reciting the alphabet etc.  Failure of the  field sobriety tests can be used by the officer to establish probable cause to arrest the driver for DWI.  (In various areas throughout this blog, I;ve reported on these "tests" --- if I could make one suggestion --- don't agree to perform these tests!)

Portable Breath Test (PBT)

The officer will typically request  a portable breathalyzer test (PBT) from the driver if they fail the field sobriety tests.  The legal basis to request the PBT, however, is the same as for the request for field sobriety testing: “reasonable, articulable suspicicion” that the driver has violated Minnesota DWI law.  This can include the failure of one or more of the field sobriety tests, admissions from the driver of alcohol use, and/or other observations of possible alcohol use and/or intoxication (e.g. glassy eyes, strong odor of alcohol etc.). In addition, like the field sobriety tests, a PBT failure can be used by the officer to establish probable cause to arrest a driver for DWI.  (Like with the FSTs ... don't agree to take this test!)

Arrest

An officer must have probable cause to make a legal arrest of a driver for DWI.  Probable cause in Minnesota exists if a person of ordinary care and prudence holds an “honest and strong” suspicion that arrested party is guilty of a crime.  Probable cause is more than mere suspicion.  The officer can establish probable cause to make a legal arrest with a combination of observations of alcohol use and/or intoxication, statements by the driver indicating alcohol use and/or intoxication, failure of one or more of the field sobriety tests, and/or failure of the PBT test.

What Can Be Done About Illegal Conduct?
The constitution protects individuals against unreasonable searches and seizures.  The remedy for an illegal search and seizure is suppression of the evidence obtained as a result of the illegal search and seizure.

In a typical DWI case as described above, therefore, if the officer illegally made the initial traffic stop or otherwise illegally conducted the questioning, testing and/or arrest, the driver can move the court to suppress evidence that was obtained as a result of that illegal search or seizure.  In Minnesota, this is done at what is know as a “Rasmussen Hearing.”  If the Motion for suppression is granted, the prosecution cannot use the illegally obtained evidence at trial.  This can obviously have a huge impact on the case.  A very positive impact for the defense, and very negative impact for the prosecution.  In fact, the prosecution may dismiss the case and/or offer a very favorable plea agreement  in the event of suppression.

What's Next?

If you or someone you love needs help with a legal issue - like a Minnesota DWI --- call The Rolloff Law Office to set up a FREE CONSULTATION today.  Call (612) 234-1165.

Arrests Don't Always Mean Convictions

Although riddled with language and concepts that only a lawyer (and/or his mother) could love, this recent opinion from the Minnesota Court of Appeals demonstrates that when the government falls down on the job (and fails to respect your constitutional rights) then - even though you've been arrested and charged - you should not --- and cannot --- be convicted.   

Remember, just because you've been stopped by the police and arrested --- your case does not end there. You have rights. and if the government failed respect them - ie., operate within the confines of the United State's Constitution - then your case should be dismissed.

Never accept defeat. If you have been arrested, you owe it to yourself to speak to an experienced Minnesota Criminal Defense Attorney about your case.  He or she can analyze the government's tactics and schemes and see if they've done their duty properly. If the police have failed to act in such a manner, you owe it to yourself, and to your fellow citizens, to ensure that they don't get away with it.

As a former prosecutor, I understand that if the government is going to hold others accountable - first, they need to account for themselves. Here, the court said the police went too far. Agree or not with the outcome, reasonable people should respect that the greater good was served in this case.

If you have a second today - thank your forefathers for the foresight to provide us with protections against those who've been sworn to protect us - long live the 4th Amendment!