Tag: warrantless search

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.
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.
Recently, the California state legislature passed a bill that would require law-enforcement officers to obtain a warrant before searching an arrested person’s cellphone. While, the California law does not impact people who live in Minnesota, the law is central to a criminal defense discussion about information collection by law enforcement, electronic devices and search warrants.