Sep: 01, 2014

Minneapolis Criminal Defense Attorney says high court requires warrant to search cell Phones

The United States Supreme Court recently held that warrantless searches and seizures of a cell phone during an arrest are unconstitutional. In Riley v. California, the defendant was arrested after a traffic stop. The police found loaded guns in his car and then took his phone and searched through it.

Jan: 27, 2014

Warrantless blood tests in DWI cases, states disagree, P 2

In the last post, this blog began a discussion of high court rulings at the federal and state levels concerning whether a warrant is necessary under the Constitution to draw blood during a driving while impaired investigation.

Jan: 26, 2014

Supreme Court ruling affects drunk driving cases across country

Being charged with drunk driving or driving under the influence has a significant impact on someone’s life. It not only affects a defendant, but it affects their entire family. It’s a serious issue that deserves a strong defense no matter what. The Supreme Court made a recent ruling that helps clarify what makes a valid DUI defense.

Apr: 29, 2013

Warrantless DWI Tests Tossed in McNeely Opinion by Supreme Court

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 DWI test evidence gathered without a warrant should be tossed out by a Judge.

Mar: 29, 2013

Minnesota Warrantless DWI Tests in Jeopardy as U.S. Supreme Court considers McNeely Case

An extremely important DWI case from Missouri dealing with warrantless DWI testing was argued before the United States Supreme Court on January 9, 2013. Although this McNeely case came from Missouri, based on Missouri law and is being argued in Washington, D.C. before the highest court in the land, it has the potential to destroy the theoretical underpinnings of Minnesota DWI and implied consent case law.

Feb: 02, 2013

Minnesota’s Warrantless DWI Tests At Issue in McNeely DWI Case in U.S. Supreme Court

An extremely important DWI case from Missouri was argued before the United States Supreme Court on January 9, 2013 (we previously blogged on this here, here, and here.) Although this McNeely case came from Missouri, based on Missouri law and is being argued in Washington, D.C. before the highest court in the land, it has the potential to destroy the theoretical underpinnings of Minnesota DWI and implied consent case law.

Sep: 29, 2012

US Supreme Court to Decide in McNeely if DWI Blood Draws Require a Warrant

Every state in the union has laws prohibiting drunk driving. In association with driving while impaired statutes, states generally have implied consent laws in place which mandate that drivers who fail a DWI test, or refuse a test, automatically lose their driver’s license before they have even been convicted, subject to the right to appeal the DL Revocation by filing an Implied Consent Petition.

Tag: U.S. Supreme Court