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.

Step one: Check the Minnesota Statutes definition of felony "crime of violence"Minn. Stat. § 624.712, subd. 5, to see if the crime of conviction is currently listed. If it is, a lifetime loss of civil rights is triggered (unless later restored by court order or pardon). Doing so, it... View More

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

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

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

No. The recent Minnesota Supreme Court decision, State v. Bee, A23-1257 (Minnesota February 19, 2025). decided an issue of the interpretation of statutory language - the meaning of "public place" in the context of a criminal charge for carrying in a public place, where the "public... View More

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

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

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

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

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 2, 2024

While you might have the best intentions for your senior prank, there could be legal and disciplinary consequences to consider. Accessing the school intercom system without permission is likely against school policy and could be considered unauthorized use of school property. This can result in... View More

Interesting question. I don't know for sure, but I doubt it would matter much. The officer already saw the tinted window and can take the wad into evidence. Most criminals stop the criminal activity when officers approach. They don't get charged with obstruction. If I am shooting off... View More

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

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

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

If a person is facing a criminal charge, it's time to get help from a criminal defense attorney - either public defender or private criminal attorney. Once that happens, your attorney will have access to police reports, videos, etc, as well as legal papers related to the case. At that point... View More

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 1, 2024

In Minnesota, the legality of your arrest depends on whether the police had probable cause at the time of the arrest. Probable cause refers to a reasonable basis for believing that a crime may have been committed. If the police had probable cause to believe you committed third-degree assault at the... View More

In Minnesota, they do not actually have to charge you to arrest and hold you in jail. If the police officer believes they have probable cause to make an arrest (probable cause is a very low standard), they can hold you in jail for up to 48 hours without charging you. If they do not charge you... View More

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

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 4, 2023

To pursue legal action against Menards and the City of Virginia, MN Police Department, you'll need to find an attorney with experience in civil rights and possibly false arrest or malicious prosecution cases. Start by researching lawyers who specialize in these areas of law within Minnesota.... View More