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 »
New MN Law Gives Some Relief to Ex-Offenders Seeking Employment
Last week Governor Mark Dayton signed the “ban-the-box” bill enacting a law that that employers in Minnesota cannot ask an applicant about their criminal record prior to an interview. Several years ago, Governor Pawlenty signed into law a similar bill that prohibited public employers from asking about criminal records. This new law extends to private… Read more »
MN Supreme Court: Courts Cannot Seal Executive Branch Records
***The decision discussed below is not longer applicable in the State of Minnesota. The MN Legislature changed expungement laws as of January 1, 2015 allowing convictions to be expunged. Read about the current Minnesota expungement laws here.*** Today, the Minnesota Supreme Court issued their opinion in State v. MDT. The main question before the Supreme… 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 »
NTSB Recommends DWI limit reduced to .05
The National Transportation Safety Board (NTSB) announced its recommendation to reduce the DWI Blood Alcohol Content from .08 to .05. The NTSB’s lowered legal blood alcohol recommendation is based on evidence in other countries that suggests a the lower limit is attributed to a significant drop in alcohol related highway deaths. _____________________________________________ Coley Grostyan is… Read more »
Dismissal of Segway DWI Charges upheld
The Minnesota Court of Appeals upheld the dismissal of DWI charges against a man who was arrested for operating a Segway while under the influence. The court held that a Segway is not a motor vehicle under Minnesota law and stated that “excluding the operation of Segways from the DWI statutes avoids an unreasonable and… 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 »
MN Supreme Court: No correlation between blood and urine alcohol concentration needed for DWI
Yesterday in State v. Tanksley, the Minnesota Supreme Court held that to convict someone for driving while impaired, (DWI), a urine test for alcohol does not need to correlate to blood alcohol concentration. The Court based its decision on the fact that urine testing is one of three approved methods to determine alcohol concentration under… 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 »