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Minnesota Civil Rights Questions & Answers
2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Minnesota on
Q: Did they have a right to search and charge me

One county sent a kops alert because the night before a person fleed on foot after the officer found a gun on him. The officer had the gun in his evidence now. Since the person fleed on foot, the officer sent out a kops alert. Sometime hours after the incident the person who ran took the van they... View More

James L. Arrasmith
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answered on Sep 11, 2023

Based on the situation you described, it seems there might be a valid concern regarding the legality of the search conducted on you and the rest of the vehicle.

In general, law enforcement officers need probable cause to search your person or your vehicle without a warrant. Probable cause...
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3 Answers | Asked in Criminal Law and Civil Rights for Minnesota on
Q: can law enforement keep your under survellance based on false accusations of criminal activity
Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Sep 8, 2023

Can they watch what you are doing in public? Yes, that is not something that requires a warrant. They could not search your property without a warrant. They cannot put a tracking device on your car without a warrant. They cannot listen to your phone calls without a warrant. But surveillance... View More

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3 Answers | Asked in Criminal Law and Civil Rights for Minnesota on
Q: can law enforement keep your under survellance based on false accusations of criminal activity
Robert Kane
Robert Kane
answered on Sep 8, 2023

Yes, law enforement can.keep your under survellance based on false accusations of criminal activity. There are activities that would require more than accusations. Most people would love a greater police presence in their neighborhood due to catalytic converter theft, speeding and package theft.

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3 Answers | Asked in Criminal Law and Civil Rights for Minnesota on
Q: can law enforement keep your under survellance based on false accusations of criminal activity
Thomas C Gallagher
Thomas C Gallagher
answered on Sep 9, 2023

Law enforcement can watch (surveillance) in all the ways the public lawfully can. Plus, they can do things the public cannot, such as seek a search warrant. or an peace officer arrest. But for those, they could be required (by a defense attorney) to show justify those actions at some point, to a... View More

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2 Answers | Asked in Civil Rights, Criminal Law and Personal Injury for Minnesota on
Q: Today I was caught exiting a store with a few goods I did not pay for. Loss prevention came out, I said I would go with

Today I was caught exiting a store with a few goods I did not pay for. Loss prevention came out, I said I would go with them just to please not touch me. The lp grabbed my right arm, twisted it, bent my wrist back, physically pushed me down causing cuts on my knee, held me down by putting his knee... View More

Robert Kane
Robert Kane
answered on May 30, 2023

You may have a case if you can prove the facts as you allege. Evidence takes many forms, including witness testimony and video. Your medical bills would also be important. The aggressor will undoubtedly have a different account of the event and most likely have evidence. Police contact and charges... View More

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1 Answer | Asked in Civil Litigation, Civil Rights and Native American Law for Minnesota on
Q: can a person be denied permission to visit a dying family member if they have a removal order from the reservation.

they have an active civil petition for having the removal order lifted court case.ongoing for almost 3 yrs

James L. Arrasmith
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answered on Mar 16, 2023

It is possible for a person to be denied permission to visit a dying family member if they have a removal order from the reservation. The decision to grant or deny permission to visit would depend on the specific circumstances of the case, including any applicable tribal laws or regulations.... View More

1 Answer | Asked in Civil Rights and Constitutional Law for Minnesota on
Q: how can i use my constitutional right to aide me in getting the label of a canceled I.P.S. of of my record.
James L. Arrasmith
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answered on Mar 11, 2023

Your constitutional rights may not directly apply to the process of removing the label of a canceled I.P.S. from your record, but there may be legal avenues you can pursue to achieve this goal.

If you believe that the label of a canceled I.P.S. on your record is unjust or incorrect, you may...
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2 Answers | Asked in Criminal Law, Civil Rights and Civil Litigation for Minnesota on
Q: I'm a "victim" however I wish to not be considered that and am sick of the state calling me that. Can I press charges
Thomas C Gallagher
Thomas C Gallagher
answered on Feb 13, 2023

In Minnesota, only the government can initiate a criminal charge; by filing a charging document with the Court. But an individual can make a complaint about a criminal act to the government: its police officers and-or its prosecuting attorneys. In contrast, an individual can file a civil lawsuit... View More

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3 Answers | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Minnesota on
Q: i was pulled over because of an anonymous tip.

the tip said a drug deal would be happening at my place of employment at 2 involving a blue truck and black jeep. i drive a red truck. on my day off at 230 i stop by work and talk to a coworker. upon leaving i get pulled over because he believes i was involved in a drug deal and asked if they can... View More

Lucas Wynne
Lucas Wynne
answered on Feb 10, 2023

This sounds like a classic case for a Rodriguez motion. Rodriguez v. United States, 575 U.S. 348, was a United States Supreme Court case which analyzed whether police officers may extend the length of a traffic stop to conduct a search with a trained detection dog.

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3 Answers | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Minnesota on
Q: i was pulled over because of an anonymous tip.

the tip said a drug deal would be happening at my place of employment at 2 involving a blue truck and black jeep. i drive a red truck. on my day off at 230 i stop by work and talk to a coworker. upon leaving i get pulled over because he believes i was involved in a drug deal and asked if they can... View More

Sarah Gad
Sarah Gad
answered on Jan 28, 2023

Generally speaking, if a police officer has probable cause to believe that a car has drugs or other contraband, then they are permitted to stop the driver of that car and search it without a warrant. This means that they can temporarily detain you and bring in K9 dogs, etc. while they search... View More

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3 Answers | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Minnesota on
Q: i was pulled over because of an anonymous tip.

the tip said a drug deal would be happening at my place of employment at 2 involving a blue truck and black jeep. i drive a red truck. on my day off at 230 i stop by work and talk to a coworker. upon leaving i get pulled over because he believes i was involved in a drug deal and asked if they can... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Jan 29, 2023

When I represent a client, I obtain as much information I can about all the facts and circumstances related to the case. Then I analyze it all for legal issues that could benefit my client. When first discussing a case with some who is not a client, naturally we have start somewhere, with first a... View More

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1 Answer | Asked in Civil Rights and Immigration Law for Minnesota on
Q: Proper course of action.

Our son crossed the US border in Mexicali (October 2022). His court appearance in Fort Snelling is scheduled for February 2024. He was a beneficiary of I-130 filed in 2013; however, he doesn’t have 1-90 and we cannot apply for adjustment of status. He cannot apply neither for driver’s license... View More

Monica E Rottermann
Monica E Rottermann
answered on Jan 16, 2023

First, your son should make sure that he keeps the immigration court updated on his address, as court dates can be changed, and the court notifies respondents of the change in court date by mailing hearing notices. If he fails to attend a scheduled court hearing, he will be ordered deported.... View More

3 Answers | Asked in Criminal Law and Civil Rights for Minnesota on
Q: After a motion to dismiss is denied & an order is entered specifying facts on the wrong date of an offense can I object?

The finding of facts is dated incorrectly for the offense's commission. What can I do as defendant?

Thomas C Gallagher
Thomas C Gallagher
answered on Jan 12, 2023

In general, a typo or inadvertent error won't matter for the ultimate issue of outcome. But sometimes, the defense can find a way to benefit from them. Therefore, it's not always a good idea to draw attention to such errors, which can easily be fixed (unless that is more important to... View More

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3 Answers | Asked in Criminal Law and Civil Rights for Minnesota on
Q: After a motion to dismiss is denied & an order is entered specifying facts on the wrong date of an offense can I object?

The finding of facts is dated incorrectly for the offense's commission. What can I do as defendant?

Sarah Gad
Sarah Gad
answered on Jan 11, 2023

Provided that the wrong date listed is a clerical error, you (or your attorney) can certainly bring the error to the Court's attention and ask that they correct it. You can do so by filing a motion to correct the clerical error; in doing so, be sure to identify the page numbers and... View More

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2 Answers | Asked in Criminal Law and Civil Rights for Minnesota on
Q: What if the suspect just keeps repeatedly saying they do not understand their rights or the charges against them?

What happens if the defendant continously says they do not understand their rights or the charges throughout an arrest, detainment, interrogation, court appearance? How does the court proceed if the defendant refuses to even acknowledge any understanding of what is happening?

Thomas C Gallagher
Thomas C Gallagher
answered on Jan 10, 2023

As a criminal defense lawyer, I discuss the charges, potential defenses and evidentiary issues with my client, and help them set an outcome goal - within days of being retained. I look at all available information. If my client had told police repeatedly that they did not understand their rights... View More

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2 Answers | Asked in Criminal Law and Civil Rights for Minnesota on
Q: What if the suspect just keeps repeatedly saying they do not understand their rights or the charges against them?

What happens if the defendant continously says they do not understand their rights or the charges throughout an arrest, detainment, interrogation, court appearance? How does the court proceed if the defendant refuses to even acknowledge any understanding of what is happening?

Sarah Gad
Sarah Gad
answered on Jan 8, 2023

Generally speaking, a defendant cannot be required to stand trial if they are not mentally competent or fit to do so. Competency in the legal sense requires, at minimum, that a person be able to understand the nature of the proceedings against them and play a role in their own defense. In a 1975... View More

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1 Answer | Asked in Criminal Law, Civil Rights, Gov & Administrative Law and Municipal Law for Minnesota on
Q: Can Minnesota residents be fined today, for not wearing a face mask back in the 'Peacetime Emergency' times?

Hello

Even though as of today those various COVID mask requirements and executive orders in Minnesota have expired, can someone be still fined, if for example this person was recorded and identified on video visiting a bar or restaurant without a mask back in 2020, during 'Peacetime... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Dec 16, 2022

Because Minnesota Statutes §609.735 CONCEALING IDENTITY, appears to make wearing a mask "to prevent spread of disease" (as opposed to "medical treatment"), in public, a crime; I would challenge any attempt to enforce an "executive order" to the contrary. I've... View More

1 Answer | Asked in Personal Injury, Appeals / Appellate Law, Civil Rights and Health Care Law for Minnesota on
Q: how can i be so violated in my rights and yet not have legal assistance in civil claims? is it easier to not help?

i have valid claim for county liability.

Tim Akpinar
Tim Akpinar
answered on Dec 4, 2022

A Minnesota attorney could advise best, but your question remains open for a week. It isn't clear what the matter is about, but keep in mind that if your claim involves a county or public agency, it's possible there could be notice of claim elements. Only a Minnesota attorney could advise... View More

1 Answer | Asked in Criminal Law, Civil Rights, International Law and Libel & Slander for Minnesota on
Q: needing help with dealing with a uruguayan resident in minnesota.

I have a uruguayan resident cyberstalking me and others for 2+ years, affecting my mental health + work. They started stalking me in early 2020, and i am afraid to have social media accounts so they won’t affect me/my friends anymore. i am a disabled artist and this person has affected my ability... View More

Sarah Gad
Sarah Gad
answered on Nov 26, 2022

Unfortunately, it sounds like you have a cyberstalker, and you're not alone. As many as 8% of Americans report being stalked online at some point in their life. In many cases, it's possible to get rid of the person on your own by locking down your social media and other accounts. But if... View More

1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Elder Law for Minnesota on
Q: Are there lawyers who do pro Bono 42 usc 1983 for non incarcerated vulnerable adults ?
James L. Arrasmith
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answered on Dec 30, 2023

Yes, there are attorneys who may take on pro bono cases involving 42 USC 1983, especially for non-incarcerated vulnerable adults. This federal law allows individuals to file lawsuits against state and local government officials for violations of their constitutional rights.

To find such...
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