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Bernard Opinion Released Today

Here it is, at last. The opinion we've all been waiting for: State v. Bernard. Read More

Posted on February 11, 2015 by Charles Ramsay
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Breaking News: Minnesota Supreme Court To Issue Bernard Decision on Wednesday

We just received notice that the Minnesota Supreme Court will issue its potentially groundbreaking decision in State v. Read More

Posted on February 09, 2015 by Daniel Koewler
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The Evolution of the Consent Search Doctrine

Series: The Evolution of the Consent Search Doctrine

As we mentioned in our previous post in this series, the consent search exception to the Fourth Amendment warrant requirement is a relatively recent, judicially-crafted doctrine. Read More

Posted on February 06, 2015 by Charles Ramsay

Breaking News - Submission Is Not Consent

We interrupt the consent search blog series currently in progress to bring you breaking news: Minnesota district court judges are finally finding that submission to lawful authority is not consent. Read More

Posted on January 28, 2015 by Charles Ramsay
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The History of the Consent Exception to the Fourth Amendment Warrant Requirement

The Constitution didn't come with built-in exceptions; courts have created them. Read More

Posted on January 23, 2015 by Charles Ramsay

Series: Consent as an Exception to the Fourth Amendment

Nearly two years ago, the United States Supreme Court held in Missouri v. Read More

Posted on January 20, 2015 by Charles Ramsay
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Going Federal On Implied Consent

There comes a time when it becomes clear that the persistent and systematic violation of a constitutional right is falling on deaf ears in state courts. Read More

Posted on January 12, 2015 by Charles Ramsay
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Consequences For Minnesota DWIs Continue to Climb

Minnesota's DWI Task Force - a body comprised of a broad array of prosecutors, judges, members of law enforcement agencies, other government employees, and private citizens - is set to make its recommendations to the Minnesota Legislature in 2015. Read More

Posted on January 02, 2015 by Daniel Koewler
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Start the New Year With a New You: Minnesota's New And Improved Expungement Law

We first mentioned it last May: After years of effort, the Minnesota Legislature finally passed a bill making it substantially easier to for Minnesotans to finally be allowed to leave their past behind them and seal (expunge) certain records of prior criminal convictions. Read More

Posted on December 22, 2014 by Daniel Koewler

Minnesota Supreme Court Holds Oral Arguments Today Regarding Minnesota's DWI Laws

Big things are about to happen at the Minnesota Supreme Court, and the most visible evidence is going on this morning in two cases: In State v. Read More

Posted on December 10, 2014 by Charles Ramsay
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Good Intentions in Ferguson

You can look all you want, but you won't find "good intentions| in the Fourth Amendment. Read More

Posted on December 05, 2014 by Charles Ramsay

Will the Minnesota Supreme Court Avoid the Constitutionality of Refusal? An Examination of the Search Incident to Arrest Exception.

Any time now, we expect the Minnesota Supreme Court to issue its long-awaited decision in State v. Read More

Posted on December 01, 2014

Brooks-Style Consent: Valid Forevermore? A Dissenting Opinion Suggests Otherwise.

It's been a year and a half since Missouri v. McNeely and more than a year since State v. Brooks. In that time, the law regarding DWI's in Minnesota has been all over the map, a roller coaster of dismissed test results and conflicting decisions. Read More

Posted on November 07, 2014
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Idaho Supreme Court Rejects Implied Consent Law

The upheaval that resulted from the United States Supreme Court's 2013 decision in Missouri v. McNeely continues to spark changes to DWI laws across the nation. Read More

Posted on November 04, 2014 by Daniel Koewler
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Nevada Supreme Court Holds State's Implied Consent Statute Unconstitutional

Another state in our union has joined the bandwagon of those requiring warrants in DWI cases. Read More

Posted on October 17, 2014
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Get Rid of That DWI B-Card License Restriction!

"ANY USE OF ALCOHOL OR DRUGS INVALIDATES LICENSE"

It's embarrassing, it can be awkward . Read More

Posted on October 10, 2014 by Charles Ramsay
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Does Our Breath Deserve 4th Amendment Protection?

In this post, we focus on whether breath testingâ??as opposed to blood or urine testingâ??is (or should be) protected by the Fourth Amendment. Read More

Posted on September 24, 2014

Minnesota Supreme Court Hears Bernard Oral Arguments

Yesterday, in State v. Bernard the Minnesota Supreme Court was presented with a fundamental question that has been brewing in Minnesota: is it constitutional to criminally punish one's refusal to waive their Fourth Amendment rights against a warrantless search of their breath? Read More

Posted on September 05, 2014

Texas Finds Per Se DWI Search Statute Unconstitutional

If we told you Texans were smarter than Minnesotans, you would laugh all the way to the Alamo. Read More

Posted on August 15, 2014
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Minnesota Supreme Court Sets Oral Arguments On Bernard Case

The Minnesota Supreme Court just scheduled oral arguments in the case of State v. Read More

Posted on July 31, 2014 by Daniel Koewler
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