Minnesota officers will not be charged for offering marijuana

A number of police officers in Minnesota will not face criminal charges after they were accused by activists of giving marijuana to members of the Occupy Minneapolis movement. After a documentary was released of officers allegedly giving drugs to individuals in Peavey Plaza, there were some who were calling for criminal charges to be filed against the officers involved.

A county attorney said, however, that due to a lack of evidence, including inconsistent testimony from protestors and fellow police officers. The attorney made it very clear that it is his job to “evaluate whether there’s sufficient admissible evidence to establish probably cause to bring a charge.” When there isn’t, it is impossible to file criminal charges.

The officers who were accused of distributing marijuana had apparently been part of the Drug Recognition Evaluator training program for police officers. Part of the program trains officers to recognize when people are under the influence of drugs by monitoring users. In most cases, officers monitor people who are already under the influence, but in this case, the activists were alleging that police were encouraging people to smoke in front of them.

Even though there was very little credible evidence that the officers involved were doing anything wrong, the appearance of impropriety forced one officer into an administrative assignment. He was taken off his usual duties merely because it looked like he had done something wrong. This situation, however, is not unique to law enforcement. Many people in Minneapolis who are accused of drug crimes may find themselves losing their jobs even when no charges are brought or no evidence is found.

Source: Star Tribune, “No charges against cops accused of offering drugs,” Eric Roper, Sept. 21, 2012

Discover more about marijuana charges in Minneapolis by visiting our website.

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

Can Past Allegations of Sex Crimes Be Used Against You in Minnesota?

One question people charged with a sex crime in Minneapolis, MN, ask is: Can past allegations of sex crimes be used against me? Under Minnesota Rules of Evidence, past sex crime allegations aren't admissible as evidence in court to prove a suspect's character and argue that it contributed to the commission of the current crime. However, there are circumstances in which the court may allow prior allegations or bad conduct as evidence. These circumstances include when the prosecution can demonstrate that prior allegations or acts are key to establishing intent, identity, or pattern of bad conduct related to the current crime.

What If The Alleged Victim Was Drunk? Minnesota Consent & Alcohol Laws

Under Minnesota consent & alcohol laws, it is unlawful to engage in sexual contact or intercourse with someone drunk or intoxicated to a degree that prevents that person from consenting, understanding, or keeping his or her actions in check. Simply put, you should avoid sexual contact with a person who visibly looks impaired by alcohol, drugs, or other intoxicating substances.

How Long Do Police Have to File Drug Charges in Minnesota?

People facing arrests or under investigation for drug-related crimes often wonder: How long do police have to file drug charges in Minnesota? Once police officers conclude their investigations and arrest you for drug trafficking, the law bars them from holding you in custody for long. But, even if they can't keep you in jail, the Minnesota statute of limitations allows the prosecution to file the charges within three (3) years of arrest.