Monthly Archives: June 2011

Withdrawal of Guilty Plea Allowed When Defendant Not Informed of Deportation Risk

The Minnesota Court of Appeals decided that Defendants may withdraw guilty pleas if he or she is not informed that deportation may result from the conviction. Rene Rayes Campos entered a guilty plea in 2009 to simple robbery for the benefit of a gang. Mr. Campos, who had been a legal U.S. citizen for nearly …

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No Warrant Required to Obtain Urine Sample

Two Minnesota Court of Appeals opinions filed June 27, 2011, allow for officers to obtain a urine sample from a driver suspected of DWI without first obtaining a search warrant. See Ellingson v. Commissioner of Public Safety and Dupont vs. Commissioner of Public Safety. Both cases involved a challenge to the revocation of the drivers’ …

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Court of Appeals Considers Judge’s “Intimate Relationship.”

In a special opinion issued by the Minnesota Court of Appeals, a judge is not required to remove him or herself from presiding over a case that is being prosecuted by the office where the judge’s spouse is employed. The trial of the former captain of the Minneapolis Park Police on charges of 1st Degree …

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Drug charges dismissed because of illegal police search

In State v. Kendall, filed June 20, 2011, the Minnesota Court of Appeals upheld the district court’s order that the drugs obtained from an illegal search of the Defendant should be suppressed resulting in a dismissal of fifth-degree controlled substance charge against Defendant. Eight police officers knocked on a residential door to execute a search …

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Restitution Awards

The Minnesota Court of Appeals filed an opinion regarding awards of restitution on October 19, 2010 that reversed a district court finding that allowed for a corporate victim to be awarded restitution more than double what they agreed to be awarded in a related civil case. See State v. Ramsay. A previous court of appeals …

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DWI stop based soley on citizen’s report found to be legal

An unpublished Court of Appeals opinion filed October 5, 2010 upheld a DWI stop that was based entirely on a citizen’s report. See State v. Lehmeyer. The officer that stopped the vehicle did not personally observe any driving conduct that would lead him to believe the driver may be in violation of DWI laws; however, …

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Driver Who Verbally Agrees To Testing May Still Be Charged With Refusal: Direct or Circumstantial Evidence May Support Refusal to Test Charge

Minnesota case law regarding refusal to submit to chemical testing was further expanded in a published opinion filed December 21, 2010. In the case, Defendant was convicted in district court of first-degree refusal to submit to chemical testing, and appealed the matter to the Court of Appeals arguing that the inability to provide a test …

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Should a search warrant be required before obtaining a urine sample from a driver suspected of DWI?

In the late spring of 2011, the Minnesota Court of Appeals considered an interesting driver’s license revocation case, Swanson vs. Commissioner of Public Safety. In this case the Petitioner challenged his driver’s license revocation that resulted from a urine test taken after a DWI arrest showing an alcohol content over 0.08. Petitioner’s driver’s license revocation …

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Suspect Who Was Handcuffed Was Not Under Arrest

In an unpublished opinion, Myhre vs. Commissioner of Public Safety, filed June 6, 2011, the Minnesota Court of Appeals held that Mark Myhre, despite being handcuffed by an officer, was not in police custody. Therefore, any questioning by the officer was not custodial and did not require a Miranda warning. This appeal stemmed from a …

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