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

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.

Miranda Rights (Explained)

As a Minnesota Criminal Defense Attorney I get a lot of questions --- one of the biggest is about the Miranda Rights.  Here's a short-hand answer for you about your rights.  

"Miranda Rights" refer to some of the rights that are contained in the 5th amendment to the U.S. Constitution. 

The 5th Amendment says:

No person shall be held to answer for a capital, or otherwise infamous crime, unless on presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. 

When and How Can You Use Your Miranda Rights? 

In order for your Miranda Rights to "attach" - that is, to be applicable in your situation, three things must have happened: You must be in custody, police must be interrogating you, and you must have asserted your Miranda Rights. The first two conditions are known as custodial interrogation. 

The US Supreme Court in Miranda v. Arizona defined custodial interrogation as "questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way." 

In essence, police will have made you feel like you were not free to go - either by arresting you, by holding you in custody, or by significantly depriving you of your freedom of action; they will read your Miranda Rights to you; they will ask you if you wish to talk to them and thereby waive your rights; and you can choose to assert your rights at that time, or to waive your rights and talk to them. Remember, the keys are that you do not feel free to leave and the police are doing the questioning. The last element, that you have asserted your Miranda Rights, is the element that is up to you: You must assert your rights clearly and verbally. 

A good way to make sure you exercise your Miranda Rights  is to go through this list: 

• Is there police custody (am I not free to leave)?
• Is there interrogation (am I being asked questions, instead of initiating)?
• Was a Miranda Warning read before questioning began and after custody was established?
• Was there a waiver of Miranda Rights?
• Was there an explicit assertion of Miranda Rights - either to remain silent, consult with a Minnesota DUI lawyer or both?
• If there was a waiver and then an assertion later on, did questioning stop immediately?
• Were any statements made after Miranda Rights were asserted and police stopped questioning?
• Did any questioning happened after a lawyer was requested that was outside the presence of the lawyer? 

The most important things you can do to protect your rights are:

• Assert your right to remain silent IMMEDIATELY
• Contact a Minnesota DUI lawyer as soon as you can
• Do not say anything more once you have asserted your rights
• And, be cooperative and polite throughout your encounters with police.

If you have questions about your rights, call the Rolloff Law Office for a FREE CONSULTATION: (612) 234-1165.  

Miranda Rights (Explained)

As an expreined "Miranda Rights" refer to some of the rights that are contained in the 5th amendment to the U.S. Constitution. The Constitution consists of the preamble, seven articles, and then a series of amendments. The preamble is familiar to most people: "We, the people, of the United States of America, in order to form a more perfect union…" 


The first ten amendments to the US Constitution were adopted at the same time, and these first ten amendments are known as The Bill of Rights, because they involve rights that the authors of the Constitution felt were important enough to spell out individually and specifically. These rights are guaranteed to every U.S. citizen against the U.S. government - which acts through police, or any other government agent or agency. 

Fighting a Minnesota Arrest (Explained)

Because I've seen it more times than I care to count (and even I've lived it,) if you have been accused of a crime, my guess is that it has caused to experience a lot of confusion, anger, and a lot of doubt regarding your future. Even if the cops got it wrong, you can't help feeling that if you're convicted, you know that your life could forever change.

Fortunately, just because you've been charged with an offense you do not necessarily have to be convicted of it ... and even if you are --- you don’t have to receive the harshest penalties the law has to hand down.

How?  How about working with an experienced Minnesota Criminal Defense Attorney?

What To Do After An Arrest


If you have been arrested for Drunk Driving, Theft, Domestic Assault, Criminal Sexual Conduct, a Drug Crime or any criminal offense, you should not say anything to the arresting officer or anyone else asking you questions until you have talked to a lawyer.

An experienced Minnesota Criminal Defense Attorney will guide you through the arrest process and also be present with you during questioning so that you do not incriminate yourself. Even if you believe what you are saying is not going to incriminate you, you would be surprised at what can be misconstrued and used against you.

Kick-ass Representation

The key to successful representation is being aggressive while also giving you the legal and the moral support that you need to reach a satisfactory resolution to your case.

Strategies are created to show that there may be reasonable doubt that you committed the crime or that the offense was not as severe as the charge. There are areas of the law that can render charges against a person invalid, so they may be reduced.

What Should You Do

At the Rolloff Law Office, you'll have experience working for you - experience as a former prosecutor.

Trust me, you need someone who has represented individuals charged with all kinds of offenses - at all levels -  and earned successful results.

The Rolloff Law Office  has a history of helping people avoid prison time, even when convicted. The reason for this is powerful negotiating skills when it comes to negotiating sentencing for clients.  Call today for a FREE consultation: (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.   

Minnesota Criminal Defense - Top 10 Constitutional Rights

With all apologies to David Letterman... these are (IMHO) the 10 Most Important Constitutional Rights you and I have.  If you or a loved one is facing criminal charges, it is imperative that you understand that you have rights. The paramount one being the right to retain a Minnesota Criminal Defense Attorney. The accused is guaranteed the right to legal representation, whether the attorney is appointed for him or he hires a private attorney.

10.    Right to an attorney;
  9.    Right to effective assistance of counsel;
  8.    Right to cross examine and confront witnesses;
  7.    Right to testify on one's own behalf;
  6.    Right to remain silent;
  5.    Right to a speedy trial;
  4.    Right to use courts subpoena power to compel witnesses to testify;
  3.    Right to a jury trial (in most cases);
  2.    Right to an impartial jury; and
   1.   Right to produce evidence on your behalf.

Hmm... that seemed funnier when Letterman did it.  But seriously, these things are important.  If you find yourself charged with a crime you owe it to yourself to at least talk to an attorney about your options - and learn how a conviction could impact you both in the short- and long-term.  Court, judges, prosecutors --- this is all serious stuff.  Don't go it alone.

If you need answers to your legal dilemma, feel free to call the Rolloff Law Office at (612) 619-0262 to set up a free, no obligation consultation today. 

Got Your DWI Yet?

Believe it or nor not, one in seven Minnesota drivers as a DWI on his or her driving record. According to the Minnesota Office of Traffic Safety, in 2009 (the year for which they have the most complete statistics) 32,756 motorists were arrested for Drunk Driving while driving on the highways and byway through out the state.. Do the math... that means that on any given day - 90 Minnesota drivers are cited for Driving Drunk.  Of those individuals, 41%  of them already have at least on "prior" Drunk Driving conviction on their record. 

To many, these numbers point to only one conclusion - that we, as a society, have a problem.  As such, the call has gone out to: (a.) the police to beef-up their DWI enforcement efforts; (b.) the legislature to increase the penalties associated with a Drunk Driving conviction; and, (c.) the citizenry - to call out other drivers and report them to the government.  

With these sorts of efforts and tactics in place - if you choose to drive drunk - it’s probably only a matter of time before your are caught. If you, or someone you love has been arrested for DWI, you need to have an experienced Minnesota DWI Attorney on your side. Not only can he serve as a big relief in a situation where it seems like no one is on your side, he can also fight for you, your rights, your wallet and your future. 

Make the next, right move - contact an attorney and take advantage of their free consultation offer to discuss the details of your case. Before you make a decision that will most assuredly impact your future - and that of your loved ones - learn about the options available to you.

Common DWI-Drunk Driving Questions - Part II

What do the cops look for seeking out drunk drivers on the highway? 

Believe it or not, it isn't red sports cars, those pick-ups with the loud exhaust, or just about anybody out driving around at 3:00 am. The National Highway Traffic Administration has compiled a Top 20 list of the things that the the cops look for when attempting to determine if someone is driving a vehicle while under the influence of alcohol. Double the Letterman - none of the fun... Drum roll - please:

20. Headlights off
19. Accelerating or decelerating rapidly
18. Turning abruptly or illegally
17. Stopping inappropriately
16. Slow responses to traffic signals
15. Signaling inconsistent with driving conduct
14. Driving into opposing lane or oncoming traffic
13. Braking erratically
12. Driving onto the center line and/or "fog" line
11. Drifting (in your lane)
10. Following too closely
 9. Stopping without cause - in your traffic lane
 8. Speeding less than 10 m.p.h. below the posted limit
 7. Swerving
 6. Driving somewhere other than the roadway
 5. Weaving
 4. Almost striking object or other vehicle
 3. "Appearing" to be drunk
 2. Straddling the center-line

And the #1 symptom the police look for when attempting to determine whether someone is driving while drunk - Wide turns.

Speeding, incidentally, is not a common symptom of DWI. Apparently, that's because of the (often) quicker judgment and reflexes necessary when traveling at a high rate of speed - which to those who know may tend to indicate sobriety rather than intoxication.

No matter the rhyme or reason, a DWI arrest is a serious matter - for you, for your family, and for your future. If you've never been through something like this before - and more than a few of us have - you should strongly consider not going it alone. At the very least, sit down and talk to a Minnesota DWI Attorney - to understand what rights you have and how you can get the results you desire. 

Understand this, just because you've been arrested for Drunk Driving does not mean you'll be convicted. Make sure someone looks out for you - just like you're looking out for you future.