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 Drunk Boating (BWI)

With summer in full-effect, it’s important for those of you who are out to have fun on the water make sure you're aware that the police will be out in force watching for any signs of intoxication.

As more people head to the water for fun, law enforcement officials will be out actively searching for those who are BWI - Boating While Intoxicated.  If you or someone you love find themselves as part of an investigation into Drunk Boating, your next best step is to call an experienced Minnesota Criminal Defense Attorney.

What You Need to Know

If you're a real Minnesotan you know that drinking and outdoor activities may go hand in hand for some.  However, you need to be aware that a BWI arrest is serious.  Boating while intoxicated is generally treated the same as Drunk Driving.  If a boater is found to have a BAC of .08 or more, they will be arrested and taken to jail. If the boater has a prior DWI/BWI conviction, the boater could also lose his or her driving privileges, both on land and on water.

If you’re convicted of a BWI, the offense could potentially appear on your motor vehicle record just like a DWI conviction. Even a first-time BWI charge, without a prior DWI conviction or designated license revocation, could result in severe penalties including substantial fines, loss of your boat operating privileges and potentially even jail time.

For those arrested for a second or third time, penalties will enhance for a repeat offender and can include automatic jail time and even loss of the boat you were driving at the time of the arrest.

Why?

The dangers of drinking and boating are as serious as drinking and driving a car. The fact is alcohol consumption while boating can be even more dangerous given that most boaters are less experienced on the water than on pavement. Most weekend boat operators are out driving a handful of times each year and are thus already more prone to dangerous accidents. Throw in alcohol consumption, and it can be a recipe for disaster. As further evidence of the danger, one statistic says that a intoxicated boater is 10 times more likely to be involved in a fatal accident than his sober counterpart.

Tips to Avoid Getting Arrested for a BWI

1. Designate a sober boat captain prior to getting out on the water.
2. Bring a variety of drinks including plenty of water, sodas and other non-alcoholic beverages.
3. Don’t assume that just because you are also eating on the boat that this somehow will reduce your level of intoxication. Remember, the best policy is to not drink alcohol at all, if you are going to be the one driving or operating the boat.
4. If you dock somewhere to get lunch or dinner and drink with your food, again make sure you’ve previously designated a sober driver that can operate and bring the boat home.

If you’re facing a possible BWI charge, you need a skilled Minnesota BWI Attorney on your side. For quick, fast and honest answers, call the Rolloff Law Office at (612) 234-1165.

Do You REALLY Need a Lawyer? (Explained)

If my experience as a prosecutor and as a Minnesota Defense Attorney has taught me anything it is that if someone comes forward and seeks help (and or volunteers information to law enforcement,) they will be prosecuted mercilessly.

Why? 

Well, apparently, that is our legal culture. 

Instead of working to redeem the fallen, the government all too often takes some perverse joy in punishing wrong doers.  Now, this does not mean that that's always the case, but our laws - in how they're written and applied - seem to default to this outcome more times than not.  Therefore, all rationality goes out the window - and as such I cannot encourage someone to go it alone or seek help (if their problem or issue is legal in nature) without someone who knows the "game" by their side every step of the way. 

This is why I am a criminal defense attorney - plain and simple.  If you're going to get kicked while you're down - you need someone at your side who can defend you and fight back because as much you and I would like to believe that the government has our best interests in mind --- that is just NOT always the case. 

What Should You Do?

Here's the deal, a lot of people (myself - at one time included) believe that their lack of cooperation or their desire to engage a lawyer before talking to law enforcement would end up being worse for them than if they just go in an explain themselves . Well, let me set you straight - that is simply untrue.  In all of my years of experience, I can barely recall a situation where cooperation (whether someone was innocent or not) worked out for the better.  

Here's what you have to understand, more often than not the government thinks they know what happened already - so instead of listening to your explanation, they're often only really looking for those things that you say and do that confirm their suspicions.  As such, "going it alone" or "helping the police" (who in turn say they'll help you) rarely turns out to be as simple as it sounds.

If you or someone you love is embroiled in some sort of legal dilemma - the best thing you can do to preserve your rights and your future is to talk to a lawyer - first - to understand exactly what you're dealing with.

Call the Rolloff Law Office today to find out more.