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Minnesota Civil Rights Questions & Answers
3 Answers | Asked in Criminal Law and Civil Rights for Minnesota on
Q: Can I be charged with drug possession after an unlawful search?

I was leaving a Kohl's store when I was suddenly confronted by 5-6 police officers who accused me of shoplifting. Although I was not shoplifting, they searched my pockets without my consent and found a small bag of drugs, leading to a 5th degree drug possession charge. I did not hear them read... View More

Sarah Gad
Sarah Gad
answered on Feb 23, 2025

Unfortunately yes, it is perfectly lawful and happens during any arrest. When you are arrested for any offense, police officers are permitted to do what's called a search incident to arrest. Whatever they find on you during the search incident to arrest is fair game for charging purposes. In... View More

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3 Answers | Asked in Criminal Law and Civil Rights for Minnesota on
Q: Can I be charged with drug possession after an unlawful search?

I was leaving a Kohl's store when I was suddenly confronted by 5-6 police officers who accused me of shoplifting. Although I was not shoplifting, they searched my pockets without my consent and found a small bag of drugs, leading to a 5th degree drug possession charge. I did not hear them read... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Feb 24, 2025

They do not need to read your rights unless they are going to perform custodial interrogation. The fact that they did not locate stolen good does not mean that you get a free pass on any other illegal items that you might have been in possession of. You should get an attorney on board who can... View More

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3 Answers | Asked in Criminal Law and Civil Rights for Minnesota on
Q: Can I be charged with drug possession after an unlawful search?

I was leaving a Kohl's store when I was suddenly confronted by 5-6 police officers who accused me of shoplifting. Although I was not shoplifting, they searched my pockets without my consent and found a small bag of drugs, leading to a 5th degree drug possession charge. I did not hear them read... View More

Thomas C Gallagher
Thomas C Gallagher
answered on Feb 24, 2025

A defense lawyer will look at two separate stages of a police encounter: 1. Was evidence collected unlawfully, so that the defense can ask a judge to suppress the evidence? 2. Given the evidence that has survived any defense motions to suppress, does the evidence support probable cause for the... View More

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2 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 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

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Feb 21, 2025

You need an attorney who can review all the information, not just your recitation, about what occurred to advise you whether the search was valid or not. It is unclear from the question what you are charged with, buy you need an attorney on board if you are going to challenge that search that... 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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3 Answers | Asked in Criminal Law and Civil Rights for Minnesota on
Q: In Minnesota, when stopped driving, what are the legalities with officer not answering "why did you stop using"

He asked where we going and why we went the way we did. He asked for driver ID. Driver asked why we were pulled over. Officer responded with "I will tell you after I see your ID".

Thomas C Gallagher
Thomas C Gallagher
answered on Sep 18, 2024

In Minnesota police must justify a traffic stop with "reasonable articulable suspicion of criminal activity" or an observed traffic law violation. These are based on facts that the officer can articulate, later to a judge. A driver must have a valid driver's license to lawfully... View More

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3 Answers | Asked in Civil Rights, Traffic Tickets and Criminal Law for Minnesota on
Q: Is it legal for police to stop vehicle for license plate lights not working -they do work, stopping too long, slowing?

Radar at 20 - 24 in 55 (unsure exactly, but either coming to stop, or accelerating from stop), stopping too long at stop sign (5 - 10 seconds (7)), and claims license plate lights non functional was the reason for stop. They may be dim, but ARE fully functional.

Thomas C Gallagher
Thomas C Gallagher
answered on Sep 3, 2024

Police can lawfully stop a driver if they observe a violation, or facts amounting to "reasonable, articulable suspicion of criminal activity." Since Minnesota laws requires a working plate light, lack of one can be a lawful basis for a stop. If working, but police claim the contrary, a... View More

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Q: Should I participate in a competency to proceed evaluation with a psychiatrist that is not licensed in my state?

I have waited 113 days for an evaluation to take place and finally a doctor called me to do a video conference to complete the evaluation. I have found that she is a licensed psychiatrist but is not licensed in this state only in two other states does this seem like a legitimate situation? I... View More

James L. Arrasmith
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answered on Jun 29, 2024

This is a complex situation that raises several important legal and procedural concerns. Here's an analysis of the key points:

1. Competency evaluation timing: The 113-day wait for your evaluation is significant. Many jurisdictions have specific timeframes for competency evaluations,...
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2 Answers | Asked in Criminal Law and Civil Rights for Minnesota on
Q: Can they charge me separately give me two different charges for the same pull over stop or should they be together.

I got pulled over got a 5th degree and a dui. They charged me a year later and also they charged me separately a week apart dui charge then 5th degree a week later so now I’m on probation for one and bail for the other. I have no criminal history and I know they’re doing this on purpose THE... View More

Sarah Gad
Sarah Gad
answered on Jun 11, 2024

It sounds like you were pulled over on suspicion of a DUI and the police officer searched the car and allegedly discovered a controlled substance in the vehicle. It is pretty atypical for someone to be charged separately for alleged offenses arising from the same incident, but it is permissible and... View More

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2 Answers | Asked in Criminal Law and Civil Rights for Minnesota on
Q: Can they charge me separately give me two different charges for the same pull over stop or should they be together.

I got pulled over got a 5th degree and a dui. They charged me a year later and also they charged me separately a week apart dui charge then 5th degree a week later so now I’m on probation for one and bail for the other. I have no criminal history and I know they’re doing this on purpose THE... View More

James L. Arrasmith
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answered on Jun 21, 2024

I understand you're in a difficult situation and feeling frustrated with the legal process. While I can't provide specific legal advice, I can offer some general information and suggestions that may be helpful:

1. Multiple charges from one incident: It's not uncommon for...
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2 Answers | Asked in Criminal Law and Civil Rights for Minnesota on
Q: What are possession laws pertaining to drug charges? Girlfriend pled guilty yet I'm still being charged when I knew noth

Nothing about the drugs. I was detained 1 block from my house before it got raided. Girlfriend already took

Thomas C Gallagher
Thomas C Gallagher
answered on Apr 25, 2024

Two points: 1. Criminal possession is possible by more than one person at the same time. Joint possession would mean two or more people criminally possessed at least one thing at the same time. As a result, one person being held responsible doesn't necessarily help others facing criminal... View More

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1 Answer | Asked in Criminal Law and Civil Rights for Minnesota on
Q: Is it possible to find someone to go to the county jail to speak with my son.He has a case coming up.

He can explain, give proof. Very important he speak in person. Not enough money for calls, etc. I am trying to get him help. Needs to file grievance. Confict of interest. Jailer threatening him to abide, jailer related to judge, request to be moved ignored, etc He would explain.

James L. Arrasmith
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answered on Mar 15, 2024

It's important to act quickly in situations like this. Reach out to local legal aid organizations or public defender's offices; they often provide free legal services to individuals who cannot afford them. They may be able to assign a lawyer or an advocate who can visit your son in jail... View More

1 Answer | Asked in Criminal Law and Civil Rights for Minnesota on
Q: How can I get a grievance file started asp in blue earth county
James L. Arrasmith
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answered on Mar 14, 2024

To get a grievance file started in Blue Earth County as soon as possible, it's important to first understand the specific nature of your grievance. Different types of complaints may require different approaches and might be handled by various departments within the county. For example, issues... View More

3 Answers | Asked in Criminal Law, Civil Rights and Federal Crimes for Minnesota on
Q: Can you open carry an AR with you conceal and carry permit?

I have been looking through so many sites and can’t seem to get a reliable answer everything seems to contradict.

James L. Arrasmith
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answered on Mar 6, 2024

The rules around open carrying an AR-style rifle with a concealed carry permit can indeed be complex and vary widely from one jurisdiction to another. Generally, a concealed carry permit applies to handguns and does not automatically grant the right to openly carry rifles or other long guns. Each... View More

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3 Answers | Asked in Criminal Law, Civil Rights and Federal Crimes for Minnesota on
Q: Can you open carry an AR with you conceal and carry permit?

I have been looking through so many sites and can’t seem to get a reliable answer everything seems to contradict.

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Mar 6, 2024

Honestly, I'm not sure if you would be permitted to do so. But I would suggest that things that might be legal aren't necessarily smart to do. Law enforcement is going to be all over you if you are out wandering around open carrying an AR-15 or similar type long gun. Rightly or... View More

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1 Answer | Asked in Civil Rights and Consumer Law for Minnesota on
Q: We hired Servpro because our storage room and one bedroom got flooded. They took out my clothes out of the house with ou

Without permission from me or insurance company? Now they want to get paid for storage. Do they get paid for stealing my property

James L. Arrasmith
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answered on Feb 24, 2024

If Servpro removed your belongings without your permission or consent from the insurance company, it's essential to address this matter promptly. Start by reviewing the terms of your agreement or contract with Servpro to understand their responsibilities and your rights regarding the handling... View More

1 Answer | Asked in Civil Litigation and Civil Rights for Minnesota on
Q: How can I get a free tlawyer to represent me in this it’s for 9viokations of my sixth amendment rights I am pro se

It’s for me calling my expert witness in phoenix Arizona where attorney client privilege attaches to the phone call but the jail violated my rights when they recorded 9 phone calls it’s government intrusion

James L. Arrasmith
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answered on Feb 24, 2024

Securing a free lawyer to represent you in a case involving violations of your Sixth Amendment rights can be challenging, but it's not impossible. You may be eligible for legal assistance through pro bono programs offered by local bar associations, legal aid organizations, or public defender... View More

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?
James L. Arrasmith
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answered on Feb 24, 2024

Removing your illegal window tint while you're being pulled over by a police officer isn't a good idea. First and foremost, it could be perceived as suspicious behavior, potentially escalating the situation unnecessarily. Additionally, doing so might cause the officer to become more... 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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