Protection of home defends Hennepin County man from DWI charge

During the month of December, the holidays are upon us. It is not uncommon for there to be holiday parties with holiday drinks. Along with the holiday festivities, however, comes an increased presence of law enforcement on Minnesota streets. It is important to never forget that a person has invaluable rights to protect himself from the personal and professional damage of a drunk driving charge.

A man who is well-known as a result of serving his community in Rogers, MN is an example of someone whose professional reputation could have been significantly affected by a reckless DWI conviction. He was arrested by Hennepin County police last December but recently got some good news regarding his case.

According to a local news report, the Rogers fire official was followed home by a woman last winter. The woman reportedly believed that the suspect was driving drunk, though any evidence she had to go on was merely what she saw. Nevertheless, she called police to report to the suspect’s home out of suspicion that he was driving while drunk.

By the time police had arrived to the DWI suspect’s house, he wasn’t in his car anymore. He wasn’t driving. He was inside the privacy of his own home. Law enforcement went to the door and reportedly got a child in the house to let them in to investigate. The police did not have a warrant or the DWI suspect’s permission to enter the house.

As with a standard drunk driving investigation, the police in this case subjected the suspect to sobriety tests. The difference in this Minnesota case, however, is that the investigation took place in the man’s home – a point that proved effective in defending the respected Rogers official from the possible criminal charge.

Last Tuesday, a Hennepin County judge reportedly ruled that any evidence that officials collected from the defendant after they entered his home invalid. Minnesota courts protect a person’s home vigilantly, as they should, and the judge, therefore, found that the police didn’t have authority to go inside the suspect’s home.

They had no warrant; they weren’t in pursuit of him before they arrived to the home. There were no exigent, dangerous circumstances that needed emergency attention inside the home. In this case, Minnesota law defended not only a person’s privacy in their home, but it defended a man and his family from the effects of a possible DWI conviction.

Source

Kstp.com: “DWI Charge Against Rogers Fire Official Dismissed” Gail Brown, 26 Jul. 2011

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.