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Minnesota Constitutional Law Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Education Law for Minnesota on
Q: If my brothers arresting officer was later convicted of possession of child pornography can my brother get a dismissal?

My brother was arrested and charged for aggravated assault on a law officer and possession. His arresting officer was later convicted of possession of child pornography. Can my brother get a dismissal or appeal based on the officer misconduct he is not longer a cop

Robert Kane
Robert Kane
answered on Jul 30, 2023

What does the officer's possession of child pornography have to do with your brother assaulting a police officer and possession? Obviously, every criminal doesn't go free because one officer broke the law.

Q: Can cps withhold evidence of your innocence? If not why won’t anyone look at it? Or who do I contact about situations?

At birth cps took my baby for allegations that they refused to tell me any details about. Yet were quickly proved to be untrue. Instead of giving baby back they changed doctors notes, fabricated new allegations, (proven untrue) and removed baby from our care. Months later won custody back. Got... View More

Robert Kane
Robert Kane
answered on Jul 22, 2023

Google: "Minnesota cps defense attorneys."

2 Answers | Asked in Criminal Law, Admiralty / Maritime, Civil Rights and Constitutional Law for Minnesota on
Q: how can i lose my lisense when i wasnt even driving

i was never arrested for driving and i was never brought into the station to have an official breathalizer administered

T. Augustus Claus
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answered on Jul 17, 2023

Losing your license without being involved in a driving-related incident can occur in certain situations. It could be due to administrative actions by the Department of Motor Vehicles or similar agencies, such as non-compliance with requirements or violations. Additionally, unrelated offenses like... View More

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1 Answer | Asked in Civil Rights and Constitutional Law for Minnesota on
Q: I am an employee of the school. I fly a rebel flag on my car. The 1st amend? They asked me to take it down. Violation?
Robert Kane
Robert Kane
answered on Jul 13, 2023

It's unlikely a violation of your first amendment rights. Constitutional rights are not absolute.

1 Answer | Asked in Civil Rights, Constitutional Law and Employment Discrimination for Minnesota on
Q: Is it discrimination if I have to take down my rebel/confederate flag on my car, or park somewhere else?
John Michael Frick
John Michael Frick
answered on Jul 12, 2023

A private business owner can prohibit such display on its property. It does not constitute unlawful discrimination. Yes, the business owner has the right to refuse to allow you to park on his premises if your car displays a rebel/confederate flag.

1 Answer | Asked in Constitutional Law for Minnesota on
Q: Can a police arrest you on anonymous tip stating the person in a grey car stealing a package probable cause search

Upon the stop officer have no reason for search there was no evidence in plane view

Robert Kane
Robert Kane
answered on May 4, 2023

The basis of the stop, search and arrest certainly needs to be analyzed. Obviously, a victim's description of a gray car doesn't allow the police to stop and search every gray car in Minneapolis. Were you caught with the package or something else?

1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Minnesota on
Q: I was arrested over a year ago, charged with driving after cancelation, and pled guilty. The case was closed March 10.

I contacted the Isanti County MN court administrator requesting the cash bail that was posted ($1000) and was told there now was a hearing scheduled the end of April regarding the refund. The judge signed off March 12. Can they do this? Don't I have a right to this refund ASAP? What action can... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Mar 23, 2023

If you posted cash bail, the bail should be refunded to you absent the costs of any fines, court costs, etc. The only exception to this would be if you violated conditions of release or missed a court date during the pendency of your case. When that happens, bail can be revoked and in some cases... View More

2 Answers | Asked in Criminal Law and Constitutional Law for Minnesota on
Q: Regarding execution of search warrant of House: Searches & Seizures, State of Minnesota

Are officers required to acquire consent of the home owner and/or property owner, whom is not the individual indicated by the search warrant, to open locked containers within the area described by the warrant to be searched, and are they required to unlock and open said containers in the presence... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jul 5, 2022

This is going to be a very fact specific analysis that depends on a number of factors such as the language of the search warrant, the items that are being looked for, the relationship of the subject to the home owners, etc. This is way more than can be addressed through a Q & A forum online.... View More

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2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Minnesota on
Q: If police raid my house for drugs and detain me do they have to show me the warrant before they search if I demand tol
Thomas C Gallagher
Thomas C Gallagher
answered on Jan 26, 2022

If police break into a house with a Search Warrant, they are required to either leave a copy or give a copy to a person present. I am not aware of a requirement that they do so, *before* they come in and search. That could create security risks, and that is likely the reason. Normally they will,... View More

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1 Answer | Asked in Constitutional Law, Criminal Law and Gov & Administrative Law for Minnesota on
Q: Can the police in minnesota enter my home without permission to serve a felony arrest warrant from another state
Thomas C Gallagher
Thomas C Gallagher
answered on Dec 23, 2021

That would depend upon whether they had reason to believe that the fugitive named in the arrest warrant was in the home. The Minnesota arrest warrant would be based upon the out-of-state warrant.

1 Answer | Asked in Constitutional Law, Appeals / Appellate Law and Civil Rights for Minnesota on
Q: Police fabricated probable cause statement to charge and convicted me assault when there was NO injuries. Police and Dr

Have both testified stating there were NO INJURIES and yet I was still found guilty of assault and the judge lied in his findings of facts saying the doctor witnessed injuries when she testified stating that there were NO injuries and I believe that is "fraud on the court" and voids... View More

Charles William Michaels
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Charles William Michaels
answered on Oct 24, 2021

There is "assault" and "battery." You could have an assault WITHOUT a battery, but the reverse doesn't apply. So even if there were no injuries, a person can commit an assault. Putting someone else in fear of their safety or possible injuries, or worse, when there is intent... View More

2 Answers | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Minnesota on
Q: If a judge lies in his findings that a doctor testified the "victim" had injuries when the doctor said opposite = fraud?

Is that not the definition of (fraud on the court) or judicial error?

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Oct 23, 2021

The use of the term lies implies that the judge intentionally said or wrote something that was untrue knowing that it was untrue. Making a finding that was inconsistent with the record presented in court would be error. But error is only significant if it is reversible error and you don’t... View More

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1 Answer | Asked in Civil Rights and Constitutional Law for Minnesota on
Q: I am being requested to complete fingerprinting prior to being convicted of a crime.

I have not even received details of the charge, and threatened with a warrant if I don’t complete this fingerprinting.

William Bailey
William Bailey
answered on Mar 7, 2021

Do you have a question you want an attorney to answer? It sounds like you need an attorney to fight your charges.

1 Answer | Asked in Civil Rights and Constitutional Law for Minnesota on
Q: Can the police search your house without you there
William Bailey
William Bailey
answered on Feb 15, 2021

Yes. If the police have a warrant, they do not need to wait until you are home to conduct their search.

3 Answers | Asked in Criminal Law and Constitutional Law for Minnesota on
Q: Can a cop use items found after i was arrested to show probable to get a search warrant for my blood?

I was arrested for suspicion of DWI after being pulled over for a third brakelite being out. Can the police use incriminating evidence found only after the search incident to arrest? I would think they would had to have the search warrant prior to arresting me or at the very least the probable... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Dec 15, 2020

Of course they can. There is no obligation that law enforcement ignore evidence developed before the search incident to arrest. The probable cause basis for the arrest can differ from the probable cause to support a warrant application to get a search warrant for a blood draw. I am assuming that... View More

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1 Answer | Asked in Civil Rights and Constitutional Law for Minnesota on
Q: What should I do?? the police have charged me and I been victim both times and I called the police. Can I sue

I've went to police for help they sent me a ticket in mail I'll explain. First time I pulled in gas station got gas went in. On way out gas station buddy was acting a fool so I said screw him and sat in my car and all a sudden my door got ripped open and dude started punching me and in... View More

William Bailey
William Bailey
answered on Nov 27, 2020

Your priority should be contesting the criminal charges. Then you can think about a lawsuit, but you should be aware it is often very difficult to successfully sue a government entity.

2 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Minnesota on
Q: Do private clubs have to follow the Governors new mandate on masks?

Meaning a Club that you need to be a member of in order to be there. Public would not be allowed to come in off the street. Members only

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jul 23, 2020

You don't provide enough information here to intelligently answer the question. What do you mean by "private clubs?"

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3 Answers | Asked in Constitutional Law, Domestic Violence, Federal Crimes and Native American Law for Minnesota on
Q: i was recently convicted of assaualt resulting in serious bodily injury in which there was,no statement by the vicvictim

pertaining i was the one that assaulted her and nor did she show to testifie in trial,in which i was still found guilty

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Feb 15, 2020

There’s not really a question here but you should file an appeal if you believe that you were wrongfully convicted. I presume that the government had other evidence such as third party witnesses or out of court statements, but it’s impossible to weigh in on the conviction with the limited... View More

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1 Answer | Asked in Civil Litigation, Civil Rights, Constitutional Law and Libel & Slander for Minnesota on
Q: Why does this need to be read without consultation concerning the underlying issues that have not yet been addressed?

I was suffering from a period of Incapacity due to third degree burns, burn surgery, and an eighteen month recovery from those burns and the surgery. I could not adequately represent myself. I had my Constitutional rights trampled all over. They did not provide what was subpoenaed for that trial.... View More

William Bailey
William Bailey
answered on Jan 24, 2020

It sounds like you have a complex civil appellate matter. You should consult privately with an attorney who handles civil rights appeals. You can use the search function on this site and give a few a call.

3 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Minnesota on
Q: My boyfriend was arrested for a warrant and my truck was seized by the county police. I was not present during that.

Stimulation offered to me i refused to agree to. Saw judge once and he said I needed to file some sort of claim or process but I cant remember what or which. What do I do to start legally regaining my property and sue the county for unneeded force by running into my parked and shut off truck... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Dec 21, 2019

Stimulation offered? I don’t know what that means.

It’s difficult to know in the abstract if running into your vehicle was justified or not. There are times where law enforcement will execute PIT maneuvers if the driver refuses to stop.

It also matters why the vehicle is...
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