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Authorities in Hennepin County reportedly obtained a warrant to draw blood in an alleged drunk driving investigation on May 1. Authorities claim that a St. Cloud, Minnesota man led an off-duty Plymouth police officer on a chase that began in Maple Grove near Interstate 94 and Weaver Lake Road. Hennepin County deputies and officers from the Rogers Police Department reportedly were also involved.
Max Keller of Keller Criminal Defense Attorneys recently won the first known victory on the McNeely warrantless DWI testing issue in an Order from Judge Grunke in a Stearns County DWI Implied Consent hearing challenging a Driver’s License Revocation. Two other Judges recently issues similar rulings in a Washington County DWI and a Sibley County DWI. So, as you can see, judges from all over the state are beginning to wake up and realize that the Constitutional applies to DWI defendants as well as to everyone else. Judges in Minnesota and elsewhere are concluding that warrantless DWI tests are illegal and unconstitutional.
In what will likely become a landmark criminal defense case, the Supreme Court of the United States issued a ruling today that allows police to obtain and analyze an arrestee’s DNA as part of routine booking procedures. The majority opinion considered a DNA cheek swab to be similar to fingerprinting or taking booking photographs. The dissent, however, was very vocal that while this may solve some crimes, it is still invasive.
Although many in Minneapolis may not think driving violations are that big of a deal, they can certainly cause drivers considerable trouble. For some of the most serious traffic violations, a driver could lose his or her license, will likely have to pay a fine and may see an enormous increase in insurance prices. There are some traffic violations that also come with criminal charges. Moreover, if police stop a driver for something like speeding and then believe that he or she had been drinking, he or she could find him- or herself in even more trouble.
Residents in certain Minneapolis neighborhoods may be seeing a lot more of the police this summer, as the Minneapolis police chief recently announced the city’s plan to increase the police presence. The two areas that will be most affected will be the North Side and the Warehouse District. This move has not been entirely embraced, however.
Many people in Minneapolis and St. Paul may be wondering what changes a new medical marijuana bill could have on the criminal justice system if it becomes law next year, including how drug offenses will be prosecuted. With many states passing medical marijuana laws of their own, there may be concerns about being wrongfully charged with or convicted of drug crimes.
While our blog has talked extensively about how important it is for Minneapolis and St. Paul residents charged with a crime to seek out the help of an experienced criminal defense lawyer, the following story shows just what can go wrong if you do not ask for a lawyer immediately after being arrested. Though the story does not happen in Minnesota, it is important reminder that it is essential to understand your rights and the legal ramifications of talking to police.
Today the United States Supreme Court decided the DWI case of McNeely v. Missouri. We have previously blogged on this case several times. In summary, the high Court said that police cannot take a DWI blood sample from a driver without his consent where they also did not have a warrant. This means that Warrantless DWI Tests are unconstitutional, illegal, and should not be allowed. Thus any DUI/DWI test evidence gathered without a warrant should be tossed out by a Judge.
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