A bill introduced in the US House of Representatives seeks to amend the Controlled Substances Act by deferring enforcement to the States and their respective marijuana laws. Authored by Congressman Dana Rohrabacher, of California, the bill called the “Respect State Marijuana Laws Act of 2017” has the support of 12 other representatives. The proposed change… Read more »
Nervous behavior alone is not enough for pat-down search
The MN Court of Appeals reversed a Felony 5th Degree Drug conviction where the officer discovered drugs after searching the defendant. The officer’s basis for the pat-search was largely based on the defendant acting nervous and placing his hands in his pockets. The Court held that the officer did not have “reasonable, articulable suspicion of… Read more »
Chicago Gun Range Restrictions Violate 2nd Amendment
The 7th District Federal Court of Appeals ruled that age and zoning restrictions placed on gun ranges in the City Chicago violates the 2nd Amendment by being overly broad. Chicago city ordinances had prohibited anyone under 18 years-old from entering a gun range in the city. Additionally, gun ranges were only allowed in manufacturing districts… Read more »
Court Orders Defendant to Unlock Phone with Fingerprint
This week the Minnesota Court of Appeals issued an opinion upholding an Order requiring a criminal defendant to submit fingerprints to unlock a cell phone. The Court held that a defendant’s 5th Amendment right against self-incrimination is not violated when they are ordered to provide fingerprints to unlock a telephone. The court reasoned that providing… Read more »
Collateral Consequences of Convictions: What Your Lawyer Doesn’t Have to Tell You
As explained on most of the pages on the website, jail, prison, fines, and probation are just some of the direct consequences you may be facing when charged with a crime. However, many of the consequences stemming from a conviction are collateral, and not directly ordered by criminal court. Many of these collateral consequences are… Read more »
BB guns are not firearms – MN Court of Appeals follows Supremes
Last month, the Minnesota Supreme Court reversed a felony conviction holding that air-powered BB guns not firearms for purposes of the possession of firearms statute. Today, the Minnesota Court of Appeals in Lue Yang followed the Supreme Court, extending the reasonable and rational definition of a firearm to the ‘Ineligible Persons’ firearm statute, prohibiting the… Read more »
No license revocation after refusing DUI urine test: MN Court of Appeals
The MN Court of Appeals issued an opinion today upholding the reinstatement of a driver’s license when the arresting officer misled a driver by stating that refusing a urine test is a crime. In the case decided today, the Commissioner of Public Safety revoked the driver’s license after he refused urine and blood tests. The… Read more »
BB Guns are not firearms – MN Supreme Court Reverses Felony Conviction
The Minnesota Supreme Court issued an opinion today that an air-powered BB gun is not a firearm for purposes of Felon in Possession of a Firearm and other illegal firearm possession crimes. The court reversed the felony-level prohibited person in possession of a firearm conviction. Prior to today’s decision in the Haywood case, MN courts… Read more »
Minneapolis Passes Police Body Camera Program
On Monday, September 15, 2014, the Minneapolis City Council approved a pilot study for Minneapolis Police Department Officers to wear body cameras. The City Council voted in favor of two, year-long contracts with two law enforcement body camera companies. The contracts for the officer-worn body camera evaluation provide for the camera equipment, service, and video… Read more »
Smell of Marijuana Is Not Probable Cause to Search in MA
In two separate cases on Wednesday, Massachusetts’ highest court ruled the odor of unburnt marijuana alone does not amount to probable cause to search automobiles. Based on the decriminalization of one ounce or less of marijuana in the state, in 2011 the same court in Commonwealth v. Cruz held the smell of burnt marijuana no… Read more »