MN Cops Search Your Vehicle (Explained)

As an experienced Minnesota Criminal Defense Lawyer, I get a lot of questions about vehicle searches.  Here are something you need to know to protect yourself and your rights.  

In order to lawfully search a vehicle in the State of Minnesota, law enforcement must first obtain a search warrant. All vehicle searches conducted without a search warrant are presumed to be unconstitutional. If the government wants to search a vehicle without getting a search warrant, the right to search must fall under one of a few exceptions to this warrant requirement. 

Listed below are a few brief descriptions of each exception. 

Search Incident to Arrest 
In the context of motor vehicles, this exception allows the cops to lawfully search an occupant of a vehicle and the passenger-compartment area of the vehicle if: 

• At the time of stop the accused could easily access the passenger area of the vehicle and any containers in the vehicle; or 
• When here is a reasonable belief that evidence of the crime for which the person was arrested might be found in the vehicle. 

This search warrant exception first requires a lawful arrest. If the police did not have a right to place the person under arrest, evidence found during any subsequent search will not be admissible. However, if these factors are met, the police may lawfully search the passenger area of the vehicle, including any containers, bags, purses, luggage and clothing. It makes no difference whether it was the driver who was arrested or a passenger. 

Plain View Seizure of Evidence 
This exception allows the police to seize evidence of criminal activity that is in plain view. In other words, if, after a lawful traffic stop, an officer approaches the vehicle and sees something illegal (eg., a bag of drugs) the officer can lawfully seize that evidence without getting a search warrant. 

See: it is not a search to see something in plain sight. However, the stuff must be immediately apparent ... that what he is seeing is evidence of criminal activity ... before he can seize it without a search warrant. A police officer could not, for example, open a box or container (like a pack of smokes) just to open it and see what's inside.

Probable Cause to Search for Evidence 
This exception is somewhat unique to motor vehicles. Generally, a peace office needs probable cause and a search warrant to lawfully search for evidence. However, due to the mobile nature of motor vehicles, courts have held that as long as the police officer has probable cause to believe evidence of a crime is concealed somewhere in the vehicle --- often based on "the odor of marijuana," he may stop and search the vehicle without a search warrant. This includes the right to search all packages, bags, and containers that may reasonably hide or contain the evidence --- even opening them. As long as the police officer has enough information to where he could get a search warrant, the mobile nature of motor vehicles do not require that the officer actually get the search warrant. 

Inventory Search 
This is like a catch-all ... because the police will often want to tow a vehicle.  And, see ... when they do, they can conduct an inventory search of it without a search warrant. Most police departments have policies authorizing an inventory search of an impounded vehicle; however, the policy must make clear that the inventory search if part of routine procedure in cases that involved the tow. The police cannot conduct a search for purposes of finding evidence. The search must be conducted pursuant to a department policy to inventory the contents that the police are taking into custody. If the police do happen to find drugs in the vehicle, or any other evidence of criminal activity, that evidence will be admissible and will be used against you. 

Consent Search 
This is one I think anyone can understand ... the cops can and will ask to search a vehicle.  If you say "yes" --- that might be enough. Granted, the police officer must have a reason to suspect criminal activity before he can even ask the owner or driver of the vehicle for permission to search. If the officer legitimately suspects criminal activity and the owner or driver gives the officer permission to search, the officer can search the vehicle without a search warrant. If the owner or driver of the vehicle specifically limits the areas or things that they agree can be search, the officer must limit the scope of the search to only that area. 

If you or someone you know was recently been the subject of a vehicle search, make sure you call an experienced Minnesota Criminal Defense Lawyer. The Rolloff Law Office represent individuals throughout the state.  Call today to set up a FREE CONSULTATION: (612) 234-1165.  

How to Beat a MN Drug Charge (Explained)

As a Minnesota Criminal Defense Attorney, I get a lot of questions about what to do if one is charged with Drug Charges.  First and foremost, remember this: Just because you've been cited does not mean you will be found (or have to plead) guilty!  Here are somethings that can (and should) be challenged.  

1. Bad Warrant

If the officers have a warrant signed by a judge to search your car, home or person, that does not mean that they did not violate the constitution and your rights. In order to get a warrant, an officer needs to make a sworn affidavit to a judge and ask him to find that they have probable cause to search a particular location for particular evidence. These affidavits regularly have incorrect information or information from unknown individual or informants. The warrant may also be challenged if it is faulty based upon lacking of nexus to what to be search, description of where to searched, and the items to be searched for.


2. Bad Search

The 4th amendment protects individuals and grants them the right to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall be issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. Unless an officer has a legal reason to make contact or expand the scope of the encounter, the search may be illegal. In order to discourage the police from engaging in illegal searches, courts have ruled that evidence obtained through an illegal search or seizure is subject to suppression.

3. Bad Lab Tests

Just because something looks like marijuana or another drug, the court will not take the prosecutor or officers at their word. Everyone that touched, processed, or tested the evidence will have to appear in court and testify. If one link in the “chain of custody” is missing the evidence cannot be admitted at trial. Even if something has tested positive, that does not mean the lab is credible. Recently, the St. Paul Crime Lab has come under heat for their poor practices. Because of this cases have been dismissed.

4. Bad Police Work

Entrapment takes place when a government agent, typically a police officer, uses threats, harassment, fraud, or even flattery to induce defendants to commit crimes. This can be a great defense if you are charged with sale to an undercover officer in a school or park zone.

5. Bad Charge

This is the ultimate defense. Innocent people are charged with crimes. This tends to happen more commonly in drug cases. For example, John Doe is driving his friend’s car. His friend forgot his prescription medicine in the glove box. If Mr. Doe is stopped and searched, charges could be filed.

The Rolloff Law Office practices criminal defense throughout Minnesota and has for almost 10 years.  I handled cases from minor consumption and DWI charges all the way to 1st degree murder.  For a FREE CONSULTATION call: (612) 234-1165.