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
What is a DRE and Why It is Important?
If you are charged with a marijuana DWI, the State’s manner of proof is far different – and frankly harder – than a standard alcohol-related DWI. The primary reason is that the State is forced to prove actual impairment and cannot rely simply on a scientific test to tell us that the person is impaired.
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
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
What is constructive possession of drugs?
Drug possession – even marijuana (for now) – is still a very serious crime in Minnesota, with most being felony level offenses. There are two types of possession that the State can pursue when charging you with a drug possession crime: actual possession or constructive possession. The first is rather straightforward, while the second can
Marijuana: No Hard-in-Fact Test Required to Establish Probable Cause for Trial
Are hemp and other products such as delta-8-tetrahydrocannabinol (Delta-8) actually legal in Minnesota? In short, yes. But the newly released opinion in Minnesota Court of Appeals State v. Nixon allows the State to charge an individual with criminal possession without proving whether a substance is legal hemp or illegal marijuana. Without a proper field test
Marijuana DUI – Actual Impairment Required
With 4/20 having come and gone recently, we thought it’d be an appropriate time to discuss the marijuana DUI laws in Minnesota. Certainly, with the likely legalization of marijuana in the not-too-distant future, marijuana DUI’s will become more commonplace. But that doesn’t mean they will be easy to prove. Because, as the current law stands,
Controlled Substance Crimes Sentencing – How to Get a Reduction in Prison Time
Minnesota’s sentencing laws used to be more penal than just, particularly in the everlasting ‘war on drugs.’ Sentencing reform in 2016 provided some help in stopping the law from being overly punitive toward controlled substance crimes sentencing. Despite this, a number of defendants with minimal to no criminal history are still being sentenced to prison.
Drug Detection Dog Search in a Secured Apartment Building – Get a Warrant!
This week, the Minnesota Court of Appeals issued an important decision, pulling back the expanding usage of drug detection dogs for searches of controlled substances. In State v. Edstrom, the Court of Appeals held that law enforcement must get a warrant (or have an exception to the warrant requirement) in order to use a drug detection dog
Entrapment Defense
The entrapment defense is an affirmative defense that may defeat charges against a defendant. It can apply to many kinds of charges, including drug crimes and solicitation of a prostitute. An entrapment defense exists when law enforcement lures a defendant into committing an offense to which the defendant otherwise would not have committed and had