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Minnesota Constitutional Law Questions & Answers
2 Answers | Asked in Criminal Law and Constitutional Law for Minnesota on
Q: what is control? and what is dominion? of a fire arm. can I as a felon go hunting with my son?

can a convicted felon be in a vehicle with another non-felon on a hunting excursion? this would include hunting fire arms. can a convicted felon have a dependent in possession of fire arms, or a can said dependent have a concealed carry permit fire arm? would I as a felon be able to go hunting with... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Sep 24, 2019

I discuss this issue extensively on my Liberty-Lawyer.com at https://liberty-lawyer.com/practice-areas/gun-defense-attorney/firearm-possession/ The concern is being accused of a crime as an ineligible person in possession, which carries long mandatory-minimum prison sentences, both state and... Read more »

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1 Answer | Asked in Civil Rights and Constitutional Law for Minnesota on
Q: How do you go about a civil rights issues with the police department.

I was jailed twice against my liberty on false charges and the police knew this.

Gary Kollin
Gary Kollin answered on Jun 22, 2019

Contact a lawyer

1 Answer | Asked in Criminal Law, DUI / DWI, Appeals / Appellate Law and Constitutional Law for Minnesota on
Q: Can I be arrested for DUI,if I wasn't driving? And I didn't get pulled over by a cop,they came 1/2 hour later
Thomas C Gallagher
Thomas C Gallagher answered on Jun 10, 2019

I have seen many cases where a person was arrested for DUI even though the police officer did not observe driving. And I've won many of those cases after working hard on motions to dismiss and rescind. The two most common scenarios are (1) a person suspected to have been driving a disabled... Read more »

3 Answers | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for Minnesota on
Q: I strongly think that my girlfriend is only being charged with domestic assault because she changed victims statement.

I was packing to leave my girlfriend's house when in the heat of the moment she tried to stop me. In doing so she scratched me on my neck and ripped my shirt. We have had a prior incident which I went to jail for, so I was recording the goings on. As a safety precaution I called 911 so nothing more... Read more »

Luke Neuville
Luke Neuville answered on May 18, 2019

Your girlfriend has rights to exercise in court but it's not advisable to discuss over public forum. I would advise contacting an attorney that gives free consultations to get some better information.

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1 Answer | Asked in Criminal Law, Civil Rights and Constitutional Law for Minnesota on
Q: Is that a public park is a "known drug area" sufficient as "reasonable suspicion" for search without any other evidence?

Legally parked, in an open public park at a reasonable time of day, eating dinner and playing a video game on his cell, my friend looked up from his game surprised to find a squad car parked perpendicular to his truck with lights activated. Thinking something was wrong my friend got out to see... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Apr 12, 2019

Whether police have an articulable suspicion of criminal activity, sufficient to justify a Fourth Amendment seizure,depends upon all the facts then known to that police officer. Of course, I don't have access to that information. His defense attorney of record on the case should. If friend has... Read more »

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for Minnesota on
Q: Is there any possible way to get a new prosecutor and judge? Is there any way to reopen omnibus or restart a case?

Many mistakes were made in this case. By my lawyer and the judge. My lawyer failed to be prepared for the Rasmussen hearing. He never attempted to do any research into the case and facts. The case is entirely based around a vioation of both the 4th amendment and article 1 section 10 mn... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Feb 20, 2019

Reading that description, it sounds like you may want to replace your lawyer. If you do, your new lawyer may be able to ask for another Contested Omnibus Hearing. That would be an unusual request, and would need to have strong reasons to have a chance. But a new lawyer would have better chance... Read more »

2 Answers | Asked in Civil Rights, Constitutional Law, Personal Injury and Criminal Law for Minnesota on
Q: My lawyer got disbarred and misrepresented me im disabled and want to know what to do to to file a complaint

They where a husband and wife team I never consented to have him show up in her place or anything I wasn't even guilty

Thomas C Gallagher
Thomas C Gallagher answered on Dec 30, 2018

If the lawyer has already disbarred, I'm not sure what more the Minnesota Lawyer's Board of Professional Responsibility could do. But you may wish to contact them and find out.

If you want to look into your conviction, you may want to ask a private criminal defense attorney or public...
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1 Answer | Asked in Criminal Law and Constitutional Law for Minnesota on
Q: How can I contest a dwi arest when I was not driving at the time .

My car broke down I called to get some help I push the car off the road and left it there like an hour later my ride came to help me pick me up we went back to the car the cops were there I got a DWI

Thomas C Gallagher
Thomas C Gallagher answered on Aug 23, 2018

You'll need a good lawyer first. Your lawyer will want to collect as much information as possible in order to identify good legal issues for the defense. I have won many cases where police came upon my client near (not in) their car, but evidence was lacking about when my client had last driven... Read more »

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Minnesota on
Q: A search warrant was issued for my home stating that they were looking for "any device that connects to the internet"

I never ended up being charged with anything, and i wasnt at home when they executed the warrantm i was never told what i was suspected of doing. This happened in june of 2017, and they refuse to give me my property back. They claimed that possession of such items was evidence of a crime. They took... Read more »

Jonathan Matthew Holson
Jonathan Matthew Holson answered on Aug 3, 2018

What they can seize is generally dependent on what the search is for. It is unclear what the basis for the search warrant was so it is difficult to answer the question. Can you provide more information?

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1 Answer | Asked in Car Accidents, Workers' Compensation, Constitutional Law and Health Care Law for Minnesota on
Q: Can we sue someone for scaring us by a car?

I work in the traffic department as a traffic controller as they are no signals i have to stand in the middle of the street and guide ways to the cars. Once i was doing my job a car on purpose came fast as if he was about to hit me, neither he was going straight or left he was coming were i was... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 14, 2018

Did you report him to the police? Seems it violates several code sections. Can you sue him? Technically yes, but as that type of case is frowned on by the Courts I doubt it. If you have ptsd then see about having it documented.

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Minnesota on
Q: If the wrong township but right address is listed in a search warrant for your house does that make search warrant invai
Lucas Wynne
Lucas Wynne answered on Nov 11, 2017

Please, for your own sake, do not post any more information about this case online. It only takes one search for the police to determine who you are and link anything you say online to your case. Valid or not, you will need an attorney to review the facts and defend you.

1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Rights and Constitutional Law for Minnesota on
Q: Can cops watch me on a traffic cam and wait for me to drive away so he can mail me tickets

I got pulled over on the highway by a state patrol he gave me a dar ticket then he left he called dispatch and told them to watch me on the camera and let him know if I leave I left but he never pulled me over again he didn't even see me leave but cause he had somebody watch the camera until I did... Read more »

Thomas C Gallagher
Thomas C Gallagher answered on Oct 12, 2017

More than one defense comes to mind based on this description. Evidence of the identity of whoever may have been seen driving a vehicle via a traffic cam, would seem to be lacking. The prosecution could also have witness problems, needing not only the State Patrol Officer but also whoever was the... Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Minnesota on
Q: Does a city police officer have more bearing in the courts than a regular civilian if hes the defendant standing trial?
Joseph A. Gangi
Joseph A. Gangi answered on Jul 24, 2017

What do you mean "more bearing"? The prosecutor's burden of proof is the same regardless of who is standing trial.

1 Answer | Asked in Traffic Tickets and Constitutional Law for Minnesota on
Q: Is requiring someone to apply for a Driver's License taking away his or her right to Locomotion?

What does the Right To Free Travel mean or Right of Locomotion mean in regards to a "Traveler using the open road to transport himself and his private property from one place to another using the open roads or fairways? Isn't forcing a person to apply for a driver's license taking a "Right" and... Read more »

Joseph A. Gangi
Joseph A. Gangi answered on May 3, 2017

No.

1 Answer | Asked in Constitutional Law and Criminal Law for Minnesota on
Q: 609.749.5(a) (b) a "pattern of stalking conduct" means 2 or more acts within a 5 yr period. Acts ir convictions?

My main question is if a person has not been charged with any crimes prior but does have hro, should they even be charged under Mn statute 609.749.5(a)? Is a danco constitutional at arraignment? Was never arrest for domestic with party.

Joseph A. Gangi
Joseph A. Gangi answered on Apr 20, 2017

If you have been charged with this crime, you should hire a criminal defense attorney and discuss this statute in more detail. There may be arguments you can make in favor of dismissal.

1 Answer | Asked in Civil Rights and Constitutional Law for Minnesota on
Q: a police department used my info and mugshot on facebook without my permission. I want to take legal action. Advice?

I want to at least force them to take it down. I dont deserve to have my reputation as a person hurt like this and people I dont know now know who I am. I dont feel safe and I dont feel like I have any power here. I feel harrassed and I don't believe they should be able to do this. Especially on a... Read more »

Lucas Wynne
Lucas Wynne answered on Mar 7, 2017

Did you have a warrant for your arrest? Were you arrested? Were you charged with a crime? If so, then you may be out of luck. However, if they simply used your image and humiliated you for no good reason, then you may have a case.

1 Answer | Asked in Criminal Law and Constitutional Law for Minnesota on
Q: I'm 17 can someone that is 23 get in trouble if he got me pregnant?
Lucas Wynne
Lucas Wynne answered on Mar 6, 2017

Yes.

1 Answer | Asked in Constitutional Law for Minnesota on
Q: Where is there exactly vagueness in the US Constitution?
Paul Stanko
Paul Stanko answered on Sep 15, 2016

The Constitution is enormously vague. Look at Article 1, Section 8!

"To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or...
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1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Traffic Tickets for Minnesota on
Q: Is there Constitutional rights to travel without a license in a motor vehicle in Minnesota

I recently got a ticket for driving on a cancelled license but I was parked at a gas station and the police were called there for another person but because that person came and sat in my car they searched my car and towed it I was not on drugs or drinking i simply was minding my own business

Joseph A. Gangi
Joseph A. Gangi answered on Sep 2, 2016

No, you do not have a Constitutional right to a driver's license.

1 Answer | Asked in Criminal Law, Constitutional Law and Civil Rights for Minnesota on
Q: can i have a gun with restraining order against me
Joseph A. Gangi
Joseph A. Gangi answered on Sep 2, 2016

Generally speaking, a harassment restraining order does not, in and of itself, prohibit the possession of firearms. An order for protection might.

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