Criminal Law

Axelberg v. Commissioner of Public Safety

Held that the necessity defense is not available in civil implied consent license revocation proceedings, even when the driver was fleeing domestic violence.

Know Your Rights: DUI/DWI in Minnesota

A quick, printable summary of your rights if you are stopped, arrested, or charged with DUI or DWI in Minnesota, including implied consent, testing, and where to get help.

State v. Ambaye

Held that a Not Guilty by Reason of Mental Illness (NGMI) verdict does not qualify for expungement because it is not a 'resolution in favor of the petitioner,' and recognized courts' inherent authority to expunge records in limited circumstances.

State v. Askerooth

Held that the Minnesota Constitution (Art. I, sec. 10) requires application of the Terry framework to evaluate the reasonableness of each incremental seizure during a traffic stop, finding that confining a driver in a squad car was an unreasonable escalation.

State v. Bernard

Held that the Fourth Amendment does not prohibit Minnesota from criminalizing refusal to submit to a breath test when circumstances establish a basis for the officer to have obtained a warrant for a nonconsensual test.

State v. Lester

Applied the automobile exception to the warrant requirement in Minnesota, holding that police may search a vehicle and its closed containers without a warrant when they have probable cause to believe the search will reveal evidence or contraband.

State v. Scales

Used supervisory power to require electronic recording of all custodial interrogations where feasible, with suppression as a remedy for noncompliance.

State v. Thompson

Held that when a defendant asserts his own competence in a contested competency proceeding under Rule 20.01, the defendant bears the burden of proving competence by a fair preponderance of the evidence.