Dakota County Judge Returns Driver License for Illegal Search

A Dakota County Judge recently ordered the Department of Public Safety to return the driving privileges to Mr. Schafer’s client after the court found the arresting officer illegally entered Schafer’s client’s garage. The arresting officer entered the client’s garage to investigate the report of a possible drunk driver. The officer neither witnessed Schafer’s client driving nor observed signs of intoxication. The officer entered the garage without a warrant and without the consent of Schafer’s client. This Order came after Schafer filed a civil challenge to the revocation of his client driving privileges after a DWI arrest. An implied consent hearing was held during which time the court heard testimony and accepted evidence. Mr. Schafer submitted a legal memorandum in support of the return of driving privileges.