What Is Relationship Evidence in Minnesota Criminal Cases?
If you or someone you know is facing criminal charges related to domestic violence or harassment in Minnesota, you may hear the term “relationship evidence” come up. Understanding what it means—and how it can impact a case—is crucial to preparing a strong legal defense. Relationship evidence refers to information about past behavior between the defendant
Confession Isn’t Conviction: How Minnesota Codified Corpus Delicti
The Corpus Delicti doctrine has been foundational in Minnesota for over one hundred years. Codified in 1851, it remains an unmoving ideology that protects defendants from convictions based on uncorroborated or coerced confessions. Corpus Delicti, which translates to “the body of the crime,” is a legal doctrine that requires proof of a crime’s occurrence before
Fourth Degree Assault – Level of Harm
A fourth degree assault is charged when a person allegedly assaults a certain class of individuals – usually a police officer or paramedic, for example. Most assume that this is an automatic felony; and frankly, this is how it is charged out most of the time. But, the presumption is that it is a gross
When Can Cops Seize Cell Phones?
Let’s be honest – cell phones have become a necessity to our everyday lives. Many would be lost without a cell phone as it houses almost endless amounts of our personal information, from phone numbers, to thousands of photos/videos, and even to our more private and personal information like bank data, passwords, etc. During ongoing
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
Confidential Informant’s Identity May Be Disclosed
Often, the State relies upon snitches (or, more politically correct – a confidential informant (“CI”)) to prove their case against a defendant. You see this often in drug cases. The State values this ‘insider’ information and will do everything it can to protect their confidential informant’s identity. Often, this can lead to a frustratingly difficult
DWI – The Testing Procedure Must Be Done Properly
Much of the focus on a DWI defense pertains to the basis for the stop and whether probable cause existed to arrest the defendant. Once that occurs, the officer takes the defendant back to the station and administers an official test – usually a breath test – to determine the defendant’s alcohol concentration level. This
How to Get Back Seized Property
As you probably know, police may seize property – with or without a warrant – if it believes the property has some potential evidentiary value. As expected, this leads to an abuse of the system. Police often seize property for no reason other than to harass the property owner. Without a notice of an intent