Lawyers, Answer Questions  & Get Points Log In
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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

View More Answers

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

View More Answers

1 Answer | Asked in Civil Rights and Constitutional Law for Minnesota on
Q: Jailer mased me in cell because i kept ringing the buzzer& knocking on the door asking for med treatment. is this legal

i was arrested on a mon had a total disc replacement on my neck c6-7 the thurs before i also had a broken hand and possible eyebrow from prev fall. the arresting officer slammed on breaks on way to the jail and kept swerving causing me to bang head on the window. i advised the jailer i wanted... View More

Robert Kane
Robert Kane
answered on Aug 26, 2023

You will need to contact police misconduct attorneys to determine if you have a case. I am not one.

1 Answer | Asked in Civil Rights, Constitutional Law and Civil Litigation for Minnesota on
Q: Violation of parental constitutional rights lawyers Lawsuit

Need a lawyer for a lawsuit against federal government for violation of parental constitutional rights by police officers and child protection services in Georgia

Robert Kane
Robert Kane
answered on Aug 11, 2023

You need to contact attorneys in Georgia.

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
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

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.

3 Answers | Asked in Criminal Law and Civil Rights for Minnesota on
Q: A search warrant that states a offense that is not in the code books. Is stated offense actually a offense or crime?
Thomas C Gallagher
Thomas C Gallagher
answered on Jun 18, 2023

The question, as worded, is unclear. A "crime" is generally the equivalent of an "offense," however.

View More Answers

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

View More Answers

2 Answers | Asked in Traffic Tickets and Civil Rights for Minnesota on
Q: Can the courts go from my contested omnibus in which a motion was filed under state and federal law to dismiss.....

Back to my omnibus, for the second time..without addressing my motion.. because of a error made by the prosecutor..I have been in court almost 2 years and it seems to me that the state doesn't want to follow the law...I have had 3 public defenders 2 prosecutors and multiple judges.my newest... View More

Thomas C Gallagher
Thomas C Gallagher
answered on May 7, 2023

That was difficult to follow. Perhaps a phone call to a criminal defense attorney would enable a dialogue that could help tease out the issues.

View More Answers

1 Answer | Asked in Criminal Law, Civil Rights and Juvenile Law for Minnesota on
Q: Is it legal to hold a child (12) in Minnesota jail without letting parents see them at all.

My 12 year old brother has been arrested for assault for stabbing a staff member in his mental health group home with a knife. He was arrested and is now on a 36 to 72 hour hold in county jail waiting to see a judge. Is this legal? Minnesota says someone under 14 cannot commit a crime. How do you... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Apr 5, 2023

Last time I checked, the minimum age in Minnesota was 10, for prosecuting criminal violations in juvenile court. But a lawyer may have been able to help with these issues. Another idea would be to talk to the medical staff or social worker in the juvenile detention facility.

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

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
View More

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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

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

View More Answers

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

View More Answers

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?

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

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.