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
What is a Geofence Warrant and Why is it Important?
Where technology has evolved, individuals are not just traveling with everything at the push of a button, but they are also carrying the ability to track their location with them. When a person carries a cell phone, it pings off the different cell phone towers that it accesses as it moves. So, with some expertise
The Odor of Marijuana Alone May Not Justify Vehicle Search
The Supreme Court recently issued a critical decision that will have wide-ranging impact that coincides with the new legalization of marijuana. As outlined previously in this blog, the Court of Appeals ruled that the mere odor of marijuana – without any other circumstances to point to possible criminal activity – may not justify the search
Felon’s Right to Vote Restored Sooner with New Minnesota Law Change
One of the most significant collateral consequences to a felony conviction is the loss of civil rights. The primary civil rights in play are the person’s firearm rights and, most importantly, the right to vote. For the latter, a felon’s right to vote is automatically restored, but now that restoration will occur sooner. To begin
Beyond a Reasonable Doubt Defined
The Constitution protects every criminal defendant by declaring that the defendant is innocent until proven guilty. And in order to be proven guilty, the State must prove each and every element beyond a reasonable doubt. It is the State’s burden of carrying this burden of proof. While most people understand this principle, few understand the
Fighting an Order for Protection
If you’ve just been served with an Order for Protection in Minnesota, your world is potentially flipped upside down. It is critical to understand what this Order is, how it immediately impacts you and your daily life, and what your options are for fighting an Order for Protection. What is an Order for Protection? An
Victim Cooperation is Critical to Proving Domestic Assault
One of the most critical considerations of a domestic assault or general assault case is victim cooperation. Will the victim cooperate (i.e. testify trial) or is the victim expected to no-show. While being subpoenaed by a court requires the victim to appear and testify, it is not uncommon for the victim to still not appear