Perham, MN asked in Criminal Law for Minnesota

Q: In Minnesota,I was pulled over and officer stated that I had crossed the fog line twice.The recording showed nothing.

My attorney did not argue the issue of probable cause.The recording showed my vehicle within the white lines at all times.

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2 Lawyer Answers
Thomas C Gallagher
Thomas C Gallagher
Answered
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: I don't see a question here. But talk to your attorney about filing a motion to suppress &-or dismiss based upon a lack of a lawful basis to stop a vehicle. Sometimes police have more than one reason to stop a vehicle. All the facts and evidence available must be known to make a good decision about legal strategy.

Lucas Wynne
Lucas Wynne
Answered
  • Criminal Law Lawyer
  • St. Louis Park, MN
  • Licensed in Minnesota

A: Your question is this: where is the reasonable suspicion? Where is the valid Terry stop? And it's a legitimate one. If officers don't have a reason to pull you over but do so anyway, then the stop is almost certainly in violation of your constitutional rights. You should speak with your attorney about what reasonable basis (if any) police had to stop your vehicle.

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