Q: Can police come into a daycare to issue a ticket? Especially when they did not pull the person over outside the daycare?
My daughter has a suspended license and her fiance had a medical procedure that prevented him from being able to drive and they needed to pick up their son from daycare. My daughter opted to drive to the daycare, which was close to her home to pick up her son. She could not walk him home as he is only
1 1/2 years old and currently has a double ear infection. The officer noticed my daughter driving but did not pull her over. He is aware of her suspended license. Once inside her daycare and getting her son ready to go home, the officer pulled into the parking lot, stormed into the daycare, blew up at my daughter in front of everyone in there, and gave her the ticket. Is this legal in Minnesota?
A: In general, law enforcement officers have the authority to issue tickets or citations when they observe a violation of traffic laws, even if the initial observation occurs outside of a daycare facility. However, the manner in which the officer approached and issued the ticket may raise questions about professional conduct and appropriateness. Storming into a daycare and confronting an individual in a confrontational manner is not typical and could be considered unprofessional or inappropriate.
A: Yes, police can come into a daycare to issue a ticket. The officer probably decided it would be best if others could watch the child while addressing your daughter rather than when she and the child were outside in their car. Subzero temperature would also encourage this procedure.
A: In general, yes. Generally police can go anywhere non-police can lawfully go (without a warrant, or other special authority). However, when I analyze all the available information about a client's case, I look for every possible defense issue first. Then after a discussion with the client, we prioritize the best available defenses and defense issues to use. Juries do not like overly aggressive behavior, so it's possible that could be of some use at trial. There may be other, effective defenses in the case. Her best course of action would be to contact a criminal defense attorney about defenses and representation.
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