How unique is your hair? The FBI is looking into it

For decades the FBI has been using hair analysis and other forms of DNA testing to aid in the conviction of defendants. The science has certainly helped defendants who are accused of violent crimes, murder and rape to clear their name, too, but the FBI has recently announced that it will be looking into some of its cases to check for faulty science. One of the biggest problems the FBI has had, it seems, is agents making claims about hair analysis that can’t be supported by science. When those statements led to a conviction, it is very possible that the wrong person was convicted.

Why the language of the law matters

While Minnesota does not currently have a medical marijuana law in place, nor does it appear that the state is looking to decriminalize it any time soon, people’s attitudes about the substance are constantly changing. With more and more states passing medical marijuana laws, it is only a matter of time before Minnesota will start making marijuana available to the chronically ill. Until that time comes, however, possession of any marijuana will result in a drug charge.

Does THC-laced food fall under the definition of marijuana?

Most people in Minneapolis know that the state does not have a medical marijuana law, which means that if police find marijuana on you, you will likely be facing criminal charges in Hennepin County. If Minnesota ever decides to pass a medical marijuana law, however, the government is going to have to create clear laws and guidlines for what marijuana is legal and exempt under the law and what is not. Failure to do so could lead to confusion and people who thought they were following the law facing drug charges.

Minnesota, federal courts haven’t addressed new police technique

Can police use your cellphone and cellphone towers to determine your location? If so, do police officers need to get a warrant based on probable cause before they do? These are the questions that one lawsuit hoped to solve for the whole country, but the Supreme Court of the United States has declined to hear the case. Since Minnesota courts and the federal court responsible for Minnesota have not yet heard the issue either, it remains to be seen whether this is permissible under criminal law.

Minnesota court upholds traffic stop after ‘fire drill’ prank

In late June the Minnesota Court of Appeals ruled that a traffic stop following a fake “fire drill” at a Mankato intersection was reasonable under the law. In general, the Fourth Amendment does not allow officers to conduct an investigatory stop without a sufficient level of reasonable suspicion that some kind of unlawful conduct is happening. That is a simple hunch that something is awry is not a proper basis for police to stop a vehicle.

Minnesota judges continue to rule against implied consent law

We have discussed the issue of warrants in drunk driving investigations—an issue that was highlighted recently when the United States Supreme Court ruled that in a routine DWI investigation law enforcement acted improperly in seeking a blood sample without a warrant. The high court ruled the defendant’s constitutional rights were violated.

Austin woman gets stay of adjudication on drug charge in DWI case

A woman who had been accused of driving while impaired by drugs, felony drug charges and other offenses reportedly agreed to plead guilty to a misdemeanor DWI and felony drug possession charges in exchange for a probationary sentence that may allow her to avoid having the felony conviction entered onto her permanent criminal record.

Off-duty cop arrested in Rosemount for DWI, fleeing and more, P.1

The idea of cellphone use in a motor vehicle has garnered a great deal of attention in recent years across the country. Some commentators and highway safety officials say that distracted driving is an epidemic. Yet, law enforcement often receives reports via cellphone from motorists reporting pother drivers.

Erin Brockovich arrested for misdemeanor boating while impaired

A wildlife official in the desert Southwest says that he noticed a woman having difficulty mooring a boat on Lake Mead over the weekend. Officials say that the woman was alone on the boat Friday as she tried to moor the boat. The woman turned out to be Erin Brockovich, an environmental activist who became well-known after she was portrayed by Julia Roberts in a movie named after Brockovich.

NTSB recommends 0.05 percent for state DWI charges, P. 2

Earlier this week, we opened a discussion of a recent recommendation from the national Transportation Safety Board suggesting that states lower the driving while impaired threshold from 0.08 percent to 0.05 percent blood alcohol concentration.