During the course of any criminal investigation, someone refers to the concept of probable cause with respect to the investigation. What, exactly, is probable cause? The Fourth Amendment states that “no warrants shall issue, but upon probable cause,” but it fails to clarify what, exactly, probable cause is. The US Supreme Court has tried to offer an explanation to this very fluid, inexact, and context-based term. Read More...

Gun laws have been a salient topic in this day and age. While similarities may ensue, each state has its own set of laws with respect to possession, concealed carry, and types of weapons permitted. Read More...

U.S. Senators Rick Scott (R-FL) and Tom Udall (D-NM) are planning to propose new legislation mandating that automakers install hardware designed to stop drunk drivers from operating their vehicles and preventing thousands of drunk-driving-related accidents, injuries, and deaths. They plan to have this accomplished by the mid-2020’s. This bill is similar to one introduced by Representative Debbie Dingell (D-MI) that seeks to accomplish the same goals by 2024. Read More...

Earlier this year, the Minnesota legislature amended the existing definition of hemp, thus altering the legal status of hemp-derived CBD products. CBD products include oils, topicals, and edibles and are highly available not only in Minnesota but across the US. Read More...

Minnesota, like much of the rest of the country, has set its maximum blood alcohol concentration (BAC) at .08 for a DWI. Because it is illegal to operate a motor vehicle if any amount of alcohol has impaired the driver’s abilities regardless of said driver’s BAC, in some cases, drivers may still be charged with drunk driving even if their BAC is under the legal limit. Read More...

What happens if a DWI suspect submits to a blood alcohol concentration (BAC) test but that test is completed several hours after arrest? Whereas Minnesota law criminalizes a motorist who is driving with a BAC of .08 or more at the time of driving—”or as measured within two hours of the time of driving, operating, or being in physical control” of a vehicle—it is still possible to obtain a conviction if the test was conducted after this two hour window. Read More...

Recently, in Jensen v. State Commissioner of Public Safety, the Minnesota Court of Appeals was tasked with answering the question of whether the district court erred by denying the petitioner’s petition to reinstate her driver’s license in light of the fact that the deputy who arrested her failed to warn her that test refusal is a crime. Read More...

Effective as of August 1, 2019—alongside the state’s new hands-free cellphone law—is the state’s new slowpoke left lane law. This law authorizes police officers to issue citations for motorists who refuse to change lanes to yield to faster-moving vehicles. Thus, if a motorist is slowing up the left lane, then s/he can be cited. Whereas Minnesota already has laws on the books that require slower vehicles to yield to faster ones by merging right, effective August 2019, drivers could be fined for impeding traffic in the fast lane. Read More...

Last month, the Minnesota Supreme Court ruled that motorists who are suspected of DWI are not constitutionally entitled to consult with an attorney if law enforcement has a search warrant for a blood sample. Read More...

Effective August 1, 2019, Minnesota’s became the 17^th state to enact its new hands-free cell phone law. While texting while driving was already illegal in the state, this new law prohibits even holding a cell phone while driving and gives law enforcement the freedom to stop anyone who is seen driving while holding a phone. Read More...