On Tuesday, May 6, 2014, Governor Mark Dayton signed a new forfeiture bill into law that requires a criminal conviction of a drug crime before the government can take any property associated with the crime. The law will go into effect on August 1, 2014. Under the current law, law enforcement have the authority to… Read more »
MN Supreme Court rules aiding suicide statute unconstitutional
In March of 2011, William Melchert-Dinkel was convicted in Rice County District Court of two felony counts of aiding suicide in violation of Minn. Stat. § 609.215. It is alleged Mr. Melchert-Dinkel responded to posts on suicide websites of two individuals located outside of the United States, and encouraged the two to commit suicide. The… Read more »
Minneapolis PD to wear body cameras
Today, Minneapolis City Council announced a pilot project for Minneapolis police officers to wear body cameras. Minneapolis police responded to the announcement by stating that the department is not prepared to move forward with the project. The project is in response to the death of Terrance Franklin at the hands of Minneapolis police officers in… Read more »
Gun bill passed by MN Senate
The Minnesota Senate passed a bill last week to revise the current version of Minnesota’s gun laws. This bill makes relatively minor changes to Minnesota’s gun laws in comparison to the much more controversial bill proposed earlier this year that included restrictions on certain firearms and magazine capacities. The bill allows officials to gain access… Read more »
MN Supreme Court: Knowledge of possession required for firearm possession convictions
Today, in State v. Ndikum, the Minnesota Supreme Court affirmed the Court of Appeals holding that knowledge of possession of a pistol is an element of the crime of possession of a pistol in public. Mr. Ndikum, an attorney in Minneapolis, was originally charged with felony possession of a dangerous weapon within a courthouse complex… Read more »
Supreme Court: Life without parole for juvenile offenders violates 8th Amendment
In a 5-4 decision on two separate cases involving homicide convictions for two 14 year old boys, the United States Supreme Court held that the Eighth Amendment’s ban on cruel and unusual punishment prohibits sentencing that mandates life without parole for juvenile offenders. Relying on precedent establishing that children are constitutionally different from adults for… Read more »
Governor Vetoes Defense of Dwelling and Person Act
Citing law enforcement’s opposition to the bill, Governor Dayton vetoed the Minnesota Defense of Dwelling and Person Act of 2011 today. I have been following this bill closely as it made its way through the Minnesota legislature as it would have substantially changed the advice I give to my clients who own and carry firearms…. Read more »
US v. Jones: GPS Tracking Vehicles is a Search under the 4th Amendment
Today, in the case of United States v. Jones, the Supreme Court of the United States (SCOTUS) held that law enforcement attaching GPS devices to vehicles is a physical trespass and constitutes a search under the Fourth Amendment of the US Constitution. In doing so, the court affirmed the lower court’s judgment suppressing the GPS… Read more »
Court upholds the right to film government officials
Simon Glik openly recorded video and audio of three Boston, MA police officers arresting a young man after Glik believed he was witnessing excessive force. Glik summarily arrested and charged for alleged violations of Massachusetts wiretap laws, disturbing the peace, and aiding in the escape of a prisoner. All charges were eventually dismissed through motions… Read more »
Student Files Suit over Secret FBI Tracking Device
In October 2010, 20 year old college student, Yasir Afifi, was alerted by a mechanic to the presence of an unknown electronic device attached to the undercarriage of his car. On a hunch the equipment was some type of government tracking device, Yasir posted photos of the device on the popular website Reddit where contributors… Read more »