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Minnesota Constitutional Law Questions & Answers
1 Answer | Asked in Civil Rights and Constitutional Law for Minnesota on
Q: What does one need to do to find a lawyer to go after Menards and City of Virginia MN Police Dept.

In June of 2021, I was shopping at a Menards store, when a store manager walked up and asked if he could help me, I had just selected a cover plate for an outlet. I told him I just found what I was looking for, he said can I speak to you, I said sure, what’s up, he says off the sales floor, I... View More

James L. Arrasmith
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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

2 Answers | Asked in Traffic Tickets, Civil Litigation, Civil Rights and Constitutional Law for Minnesota on
Q: Can I get a nonmoving violation dismissed if I can demonstrate that the PD is retaliating for a recent complaint I made?

4/2022, police were looking in my bathroom window just after 1am.They scared me; pounding on my window & shouting “I can see you! Open up!” I ran into my room & shut lights off. My kids were asleep in bed. Eventually police announce who they are & I open the door. It was the wrong... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Oct 25, 2023

That would be up to the judge, but you are going to be hard pressed to establish that the ticket was specifically issued in retaliation for your complaint about law enforcement. The case law on these issues is particularly bad regarding the individual motives of law enforcement where there is an... View More

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1 Answer | Asked in Constitutional Law for Minnesota on
Q: In a Non-Stop & ID State is there a legal difference between Traffic Stop and Rolling Terry Stop in terms of refuse ID?

Person(s) were filming a local library from a public sidewalk. Individual called police for suspicious person(s) filming. By the time police arrived person(s) had entered parked vehicle. Person(s) asked police if their were any traffic code violations or if the stop was solely for suspicious... View More

James L. Arrasmith
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answered on Oct 15, 2023

Under the Fourth Amendment, citizens are protected against unreasonable searches and seizures. The Terry Stop doctrine allows officers to stop and briefly detain a person based on reasonable suspicion of involvement in criminal activity.

However, in states that aren't "Stop and...
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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
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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...
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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

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Sep 11, 2023

The search of you certainly could not be based upon a KOPS alert for your friend. They certainly could arrest him under the circumstances, but it is unclear why they searched you and what law enforcement found when they did. It is also unclear why they searched the vehicle. For example, they... View More

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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
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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...
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Q: Can I be charged with things not on a warrant . Say the warrant was for stolen stuff but cops got me with bullets and dr

Cops came to my house to search my truck for stolen things but only found bullets ,paraphilia,and on my phone pics of stolen things can they charge me if what they found was not on the watrent. Things they found were out of my storage unit I was bringing back to storage didnt even know any of that... View More

James L. Arrasmith
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answered on Mar 19, 2023

If the police obtained a search warrant specifically for stolen items and they found other items during the search, such as bullets and paraphernalia, it may be possible for them to charge you for those additional items if they believe they are illegal or violate any other laws. However, whether or... View More

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Q: Can I be charged with things not on a warrant . Say the warrant was for stolen stuff but cops got me with bullets and dr

Cops came to my house to search my truck for stolen things but only found bullets ,paraphilia,and on my phone pics of stolen things can they charge me if what they found was not on the watrent. Things they found were out of my storage unit I was bringing back to storage didnt even know any of that... View More

Sarah Gad
Sarah Gad
answered on Mar 10, 2023

I do not know the full circumstances of the situation and cannot answer your question specifically. Generally speaking, a warrant has to state with particularity the items to be searched and seized. The police must request a warrant signed by a neutral third party (i.e., judge or magistrate) unless... View More

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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.

James L. Arrasmith
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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

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
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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

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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.

1 Answer | Asked in Constitutional Law for Minnesota on
Q: Can a police arrest you on anonymous tip stating the person in a grey car stealing a package probable cause search

Upon the stop officer have no reason for search there was no evidence in plane view

Robert Kane
Robert Kane
answered on May 4, 2023

The basis of the stop, search and arrest certainly needs to be analyzed. Obviously, a victim's description of a gray car doesn't allow the police to stop and search every gray car in Minneapolis. Were you caught with the package or something else?

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

2 Answers | Asked in Criminal Law and Constitutional Law for Minnesota on
Q: Regarding execution of search warrant of House: Searches & Seizures, State of Minnesota

Are officers required to acquire consent of the home owner and/or property owner, whom is not the individual indicated by the search warrant, to open locked containers within the area described by the warrant to be searched, and are they required to unlock and open said containers in the presence... View More

Jonathan Matthew Holson
Jonathan Matthew Holson
answered on Jul 5, 2022

This is going to be a very fact specific analysis that depends on a number of factors such as the language of the search warrant, the items that are being looked for, the relationship of the subject to the home owners, etc. This is way more than can be addressed through a Q & A forum online.... View More

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2 Answers | Asked in Civil Rights, Constitutional Law and Criminal Law for Minnesota on
Q: If police raid my house for drugs and detain me do they have to show me the warrant before they search if I demand tol
Thomas C Gallagher
Thomas C Gallagher
answered on Jan 26, 2022

If police break into a house with a Search Warrant, they are required to either leave a copy or give a copy to a person present. I am not aware of a requirement that they do so, *before* they come in and search. That could create security risks, and that is likely the reason. Normally they will,... View More

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