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Minnesota Constitutional Law Questions & Answers
0 Answers | Asked in Gov & Administrative Law and Constitutional Law for Minnesota on
Q: Judge continuing order past expiration date set by statute

Can a judge arbitrarily continue an existing order that has an expiration date set by statute?

2 Answers | Asked in Civil Rights and Constitutional Law for Minnesota on
Q: Falsely accused of trespassing at a shelter, what are my options?

I was falsely accused of trespassing and discriminated against by a staff member at a homeless shelter. The staff called the police on me, and I was threatened with jail time by both the staff and police, even though I didn't sign any documents or have my side of the story heard. There were... View More

Robert Kane
Robert Kane
answered on Apr 9, 2025

You don't mention why you believe you had authority to be there. A shelter is certainly not a facility where just anyone can walk in. Any establishment can prohibit any one from entering its property. Feel free to contact some discrimination attorneys. I am not a discrimination attorney.

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1 Answer | Asked in DUI / DWI, Constitutional Law, Criminal Law and Gov & Administrative Law for Minnesota on
Q: Are firearm rights restored after completing sentence for fleeing police in Minnesota?

I was convicted in 2015 for DUI and fleeing a peace officer in a motor vehicle under Minn. Stat. § 609.487, subd. 3, with a sentence of "stay of imposition." I have fully completed my sentence. Are my firearm rights automatically restored under Minnesota law, and does such restoration... View More

James L. Arrasmith
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answered on Apr 7, 2025

In Minnesota, completing your sentence for a conviction like fleeing a peace officer does not automatically restore your firearm rights. Under Minnesota law, you would need to apply for a restoration of rights through the court after fulfilling all aspects of your sentence. Since your sentence... View More

1 Answer | Asked in Constitutional Law and Criminal Law for Minnesota on
Q: Verification of gun rights restoration after completing felony sentence in Minnesota.

Ten years ago, I was convicted of fleeing a peace officer in a motor vehicle, which is a felony under Minnesota law (Minn. Stat. § 609.487, subd. 3). I completed all sentencing requirements, including any probation. Under Minn. Stat. § 609.165, subd. 1, it is my understanding that civil... View More

James L. Arrasmith
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answered on Apr 7, 2025

You're right in your understanding of Minnesota law. Under Minn. Stat. § 609.165, once you complete your sentence and probation, your civil rights, including firearm rights, should be restored. Since fleeing a peace officer doesn't carry a lifetime ban under Minnesota law, there's... View More

1 Answer | Asked in Civil Rights, Education Law and Constitutional Law for Minnesota on
Q: School searched my bag without consent after phone incident, was this lawful?

I am a 16-year-old male in 10th grade. While at school, I had my phone out briefly and was asked to bring it to the office. I refused to give them my actual phone, providing a burner phone instead. When they found out, they searched my bag without my consent, and I told them I did not give consent... View More

James L. Arrasmith
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answered on Mar 25, 2025

School searches operate under different legal standards than police searches. Based on the landmark Supreme Court case New Jersey v. T.L.O., schools can legally search students without a warrant or probable cause if they have reasonable suspicion that you've violated either the law or school... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Domestic Violence for Minnesota on
Q: Unlawful arrest in Minnesota due to harassment statute. What legal actions can I take?

I was unlawfully arrested in Minnesota due to the broad wording of a harassment order statute. The incident began when I was goated into a conversation with my ex-partner, who then called the police when the conversation didn’t go her way. This was a continuation of manipulation and abuse on her... View More

James L. Arrasmith
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answered on Mar 24, 2025

Your situation sounds extremely distressing, and I understand your frustration with what appears to be an improper arrest. Minnesota law does have specific requirements regarding warrantless arrests, and the manner of your detention raises concerns about potential civil rights violations.... View More

3 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Minnesota on
Q: Was it legal for the officer to open my car door and take keys without consent?

I fell asleep in my vehicle on a public road, and during a welfare check, an officer immediately opened my car door without my consent and took my keys. He then observed a piece of cellophane from the outside, which did not contain anything, and put it back. While waiting for my information to be... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Feb 21, 2025

A defense lawyer will need more facts, all available evidence and information, in order to make a determination about whether a good Fourth Amendment search & seizure issue exists. The only lawyer who will have access to that will be the lawyer representing you, or who will be. Given the... View More

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2 Answers | Asked in Constitutional Law and Traffic Tickets for Minnesota on
Q: Can police search my car without consent due to MN ruling?

I'm concerned about how a recent Minnesota Supreme Court ruling, which stated that the interior of a car on public roads is public property, might affect my rights during a traffic stop. Specifically, I want to know if police officers can now search my vehicle without my consent.

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Feb 20, 2025

No, the decision yesterday does not open the floodgates to suspicionless motor vehicle searches. There are certainly circumstances where your car can be searched without consent, for example a search incident to arrest, but cops are not going to be able to search cars whenever they want and... View More

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2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Minnesota on
Q: Can police arrest me for requesting badge numbers in MN?

I had a verbal confrontation with an employee at an establishment and was asked to leave, which I did. While returning to my car in the parking lot, police officers approached me, informing me that I was being trespassed from the property. I requested the badge numbers and names of all the... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Feb 16, 2025

Would it be lawful for a police officer to arrest a person simply for requesting their badge number and identification in Minnesota? No, because a lawful arrest would require either an arrest warrant or sufficient "arrest probable cause" of criminal activity. A related question might be:... View More

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2 Answers | Asked in Criminal Law, Traffic Tickets, Civil Rights and Constitutional Law for Minnesota on
Q: Why does giving an officer a false name grant jurisdiction for them if it's supported under the 14th amendment?

What supreme cases would help one in this predicament?

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jan 14, 2025

This question doesn't make a lot of sense. But in any event, no one is going to do legal research for you. You should either apply for a public defender or hire private counsel if you are interested in making a legal challenge to your arrest/charges.

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1 Answer | Asked in Civil Rights, Constitutional Law and Employment Discrimination for Minnesota on
Q: My Work Sex Harassment video! Every perp is White male, victim female (gay or black).Reverse Discrimination. Fix it!!

Discrimination is illegal!! I'm harassed by having to watch the video! How can I go after producer of video not my work place ( they are only complying) for insurance reasons! The Producer should have to make a new non discrimination video . How do I get them to do that? Thanks Scott

James L. Arrasmith
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answered on Jan 7, 2025

I understand your concern about feeling the training video shows bias. While workplace harassment can affect people of any gender, race, or orientation, your options for pursuing action against the video producer may be limited since they created content commissioned by your employer.

If...
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1 Answer | Asked in Civil Rights, Constitutional Law, Landlord - Tenant and Consumer Law for Minnesota on
Q: Is it civil discrimination if a landlord ( his company) is intentionally not doing repairs on his low income housing?

He is maintaining and hiring competent people for his properties where rent is higher and threatens to evict people who complain and fraudulent charges to keep the low income people’s deposits for bogus cleaning? Is this a Civil Class Act? He’s doing it to multiple people in the low income... View More

James L. Arrasmith
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answered on Oct 27, 2024

It sounds like you're dealing with a landlord who is neglecting repairs in low-income housing while properly maintaining his higher-rent properties. This behavior could be considered discriminatory, especially if it disproportionately affects tenants based on protected characteristics like... View More

1 Answer | Asked in Constitutional Law for Minnesota on
Q: Do security camera doorbells directly facing into neighbors front door violate privacy?

I live in an apartment complex. Entry doors are directly across from each other. My neighbor put a ring doorbell on their door which looks directly into my house and records our activity whenever we come and go.

James L. Arrasmith
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answered on Aug 31, 2024

In your situation, the use of a security camera doorbell that faces directly into your front door raises valid concerns about privacy. While these devices are typically used for security purposes, when they capture footage of areas beyond the owner's property, such as your entryway, it can... View More

1 Answer | Asked in Constitutional Law for Minnesota on
Q: If I voluntarily committed myself to a mental health facility, am I restricted from buying a firearm in MN?

Non court order, no 72 hour hold

James L. Arrasmith
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answered on May 19, 2024

If you voluntarily committed yourself to a mental health facility in Minnesota without a court order or a 72-hour hold, you generally are not automatically restricted from buying a firearm. The key factor is that your commitment was voluntary and not mandated by a court.

However, it's...
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3 Answers | Asked in Civil Litigation, Communications Law, Constitutional Law and Federal Crimes for Minnesota on
Q: Hello, I would like to go on the school intercom on the last day of school for my senior prank. Any legal consequences?

I was just wondering if there would be any legal problems regarding me going on the school intercom in front of the whole school for a senior prank. I would not say anything abusive, threatening, sexual, or anything that would be of illegal nature.

I live in Minnesota, and just clarifying... View More

Tim Akpinar
Tim Akpinar
answered on May 15, 2024

You probably don't want to do that. There are limits to freedom of speech, as provided by the First Amendment. Without knowing more, if the school is not amused, they could take disciplinary action that could jeopardize graduation. Even worse, if they deem the conduct to be criminal, they... View More

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3 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Minnesota on
Q: If I get pulled over by a police officer, can I legally rip off my illegal window tint before they walk up to the car?
T. Augustus Claus
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answered on Feb 15, 2024

In Minnesota, while it might be physically possible to remove illegal window tint if you're pulled over by a police officer, doing so would not be advisable. This action could be viewed as tampering with evidence or obstructing a police investigation. Even if you remove the tint before the... View More

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1 Answer | Asked in Criminal Law and Constitutional Law for Minnesota on
Q: Hi I'm being RNM every day by the police. However I want it to stop i can't go to the police cause then I'm crazy.
James L. Arrasmith
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answered on Jan 26, 2024

I understand this is a very distressing situation. However, claiming the police are remotely neural monitoring (RNM) you without providing any evidence makes it unlikely others will take the report seriously. Here are some suggestions that may help:

1. See a mental health professional....
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1 Answer | Asked in Family Law, Constitutional Law, Probate and Small Claims for Minnesota on
Q: Is it legal for my Grandma to transfer my deceased Mom's debt over to me and make me pay for it?

So my mom passed away on Thanksgiving, my sister let me have her car because it was in accordance with my mom's wishes (My mom didn't have a will. We just agreed to it as next of kin) Now, my Grandma who has STRONGLY been against me having the car is saying that I owe her $1,200 in order... View More

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answered on Jan 5, 2024

In general, debts do not transfer to family members upon someone's death unless they were co-signed or jointly held. As for your situation, you are not automatically responsible for your mother's debts, including any money she may have owed to your grandmother, unless you had a legal... 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 ?
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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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1 Answer | Asked in Civil Rights and Constitutional Law for Minnesota on
Q: When pulled over by the police in MN. If Police ask for ID. Can I "Present" my ID or do I have to physically "Give" ID?

Can I present my ID by holding it against the window where they can easily read and see it? Or do I physically have to hand over my ID where the cop can walk away with it.

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answered on Dec 6, 2023

In Minnesota, when a police officer pulls you over and requests your ID, the law generally expects you to hand it over to them. While you might feel more comfortable just presenting it against the window, the officer has the authority to physically inspect your ID. This is part of their routine... View More

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