"An appeals court has affirmed an $11 million jury award related to a Minnesota crash that killed three people and resulted in the wrongful imprisonment of a driver.
Corroboration of Accomplice Affirming the defendant’s conviction for 1st degree robbery, the Court affirms a District Court finding that although a witness was an accomplice to a drug deal, he was not an accomplice to the actual robbery and therefore there was no legal requirement to corroborate the witness’s testimony. However, the Court finds that […]
Pat-Search Justified An officer observed a bag of marijuana protruding from defendant’s pocket and observed that defendant twice attempted to put his hands in his pants while handcuffed. The Court finds that this conduct provided a reasonable, articulable suspicion that defendant was engaging in criminal activity and a reasonable belief that he was armed and […]
Expansion of the Stop - The Court finds that observations of an officer that the petitioner smelled of alcohol combined with the observation that defendant’s eyes were glossy and watery provided a reasonable suspicion justifying expansion of the stop to a DWI investigation. McIntyre v. Commissioner Restricting Argument – Fuel Cell - The Court finds that any error in […]
A CRI informed police def was selling meth out of an apartment. The apartment is secured but building management has a lock box outside with key for police to gain entry. Police used that key to get into the apartment with a narcotics detection dog. FIDO gave a positive alert outside def’s apartment door. Police […]
Private Detention Affirming defendant's conviction of 3rd degree DWI, the Court finds that where defendant was detained by private security officers and then a police officer approached defendant, there was no unconstitutional seizure because the private actions of the security officers did not constitute a constitutional violation and the police officer had a valid basis […]
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 […]
A Dakota County Judge recently dismissed a prostitution charges that was waged against Mr. Schafer’s client after his client was accused of improperly touching an uncover police officer during a message. The court held that despite numerous request for sexual services by the undercover officer, Schafer’s client “repeatedly refused to perform the requested sexual acts.” […]
