Legality of a DWI Stop – More than Curiosity is Required
Often the best defense starts with whether the DWI stop of the vehicle was legal. The Fourth Amendment guarantees that we are free from unreasonable searches and seizures. This demands that the police first have a legal basis to even stop the vehicle before investigating a possible DWI. Unfortunately, this constitutional guarantee is often trampled on
Private Security and Fourth Amendment Implications
Many establishments and retail stores hire private security. Often the private security personnel are the ones that witness an alleged crime and call the cops to the scene. Sometimes, the private security will go so far as detaining the person until the cops arrive. Because private security personnel are not as experienced or trained as
Search Warrant Requirements
The Fourth Amendment assures us that we have the right to be secure in our “persons, houses, papers, and effect from unreasonable searches and seizures.” Except when numerous exclusions may apply, the State must obtain a valid warrant to perform a lawful search. While the search warrant requirements may seem elementary and even mechanical, you’d
Cell Phone Evidence – The Basics
With smart phones becoming such a critical part of our lives, cell phone evidence is becoming more common. Crucial evidence to a case is often found within the data of the cell phone. The State can obtain this evidence, but it is not easy and can lead to important litigation for a successful defense. Once an officer seizes
RIP 4th Amendment – Part 1 – Utah v. Strieff Decision
In an era where the 2nd Amendment is untouchable, the 4th Amendment is nearing extinction due to two rulings this week by the U.S. Supreme Court. Before getting into the first decision – Utah v. Strieff – let’s remind ourselves of what the 4th Amendment is supposed to protect. The Fourth Amendment, often considered one of
Equal Protection and Due Process Violations in Minnesota DWI Law
As the veritable Justice Alan Page penned: “(Minnesota) court(s) apparently wish that we lived in a world without Missouri v. McNeely.” Such a strong shot fired at his fellow justices is true because ever since the United States Supreme Court issued its McNeely decision in 2013, Minnesota appellate courts have made every effort to essentially create