Minnesota’s School Bus Stop-Signal Arm Law Just Changed: Here’s What Drivers Need to Know
For years, Minnesota drivers who found themselves seconds away from a stopped school bus had a real, litigable question: does the duty to stop kick in when the red lights start flashing, or only once the stop-signal arm is fully extended? As of March 28, 2026, that question has a different answer than it did
Timing Isn’t Everything: Minnesota Court of Appeals Reaffirms Search-Incident-to-Arrest Principles
The recent Tate v. Robinson case serves as a powerful reminder that under the Fourth Amendment, probable cause (not the precise sequence of police actions) is what matters most. In a pretrial appeal, the Minnesota Court of Appeals reversed a district court’s suppression of methamphetamine evidence and dismissal of a criminal complaint, holding that law
When Anger becomes a Crime: Threats of Violence in Minnesota
In State v. Fitch, the Minnesota Court of Appeals reaffirmed a principle that continues to shape threats-of-violence prosecutions in Minnesota: words spoken in anger are not automatically protected speech, and context matters. When words reasonably convey that there is a genuine intent to commit violence that creates fear in the listener, it may constitute a
Minnesota Felony Tax Crimes – Update – Court of Appeals Got it Wrong (In Our Opinion)
In a recent blog post, we questioned whether the court of appeals would follow the law when analyzing a Crow Wing district court order that dismissed a Minnesota felony tax crime case due to the lack of any evidence surrounding the requisite intent. The Minnesota Court of Appeals answered – and it got it wrong
Does a Drug Dog Sniff Inside a Vehicle Require Probable Cause?
Traffic stops. We have all been there. You notice the flashing lights in your rearview mirror, pull over, and prepare for the usual questions. But what if the officer doesn’t ask you any questions and instead orders you out of your vehicle and calls in a drug dog to sniff the interior of your vehicle
When Can Police Use a Drug Dog Sniff to Search Your Vehicle?
What starts as a routine traffic stop, can quickly turn into a high stakes encounter when police suspect drugs are involved. The key though is how and why the police ‘suspect’ the presence of drugs. And, trust us, we have seen “creative” bases for the raised suspicion – sometimes leading to cases being dismissed because
A Buccal Swab Search May Require A Search Warrant
Under both the United States and Minnesota Constitutions, we have the right to be secure in our “persons, houses, papers, and effects from unreasonable searches and seizures.” But what does it mean to be “secure,” and where exactly is the line drawn for what constitutes an “unreasonable search and seizure?” Well, the Minnesota Court of
The Expanding Definition of Curtilage Under Minnesota 4th Amendment Protections
The home has long been regarded as one’s most private and protected domain. The Fourth Amendment protects a person’s residence the most and goes to great lengths to ensure this protection is real and meaningful. That is why it extends to not just the inside of the home, but also its curtilage. Where exactly the
A Disorderly Conduct Charge from Words and Actions Does Not Violate First Amendment Rights
We have all encountered someone who cannot control themselves when something rubs them the wrong way. Instead of keeping their cool, they take it upon themselves to cause a scene. In Minnesota, taking that scene too far can land you with a disorderly conduct charge. And as one small-town mayor learned the hard way, no
Odor of Marijuana May Not Justify a Vehicle Search – Under Certain Circumstances
As the world slowly but surely progresses to an era when marijuana will be legalized by every State, the courts are lagging behind, as usual. The courts have always been slow in responding to the evolution of things, such as trying to figure out the legality of searches related to electronics. This same issue is