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PERHAPS THE MOST IMPORTANT DWI CASE IN MINNESOTA HISTORY INVOLVING POLICE ENTRY INTO SUSPECT'S DWELLING HOME/GARAGE
Our victory in Haase v. Commissioner of Public Safety, 679 N.W.2d 743 (Court of Appeals):
From the Associated Press: "A Minnesotan's right to privacy extends into the garage, the Minnesota Court of Appeals ruled in a case where a police officer blocked a Farmington man's automatic garage door from closing before stepping inside to question him about impaired driving....The decision addressed constitutional issues of appropriate search and seizure and determined that a person's right to privacy extends to his garage "because it is not impliedly open to the public."
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Recent Cases of Distinction:
DWI:
J.W. vs. Commissioner of Public Safety (Anoka County District Court) (client leaving bar parking lot stopped by police officer who received anonymous tip from bar-goer that client was drunk and officer observed snow covering license plate during snowstorm; judge finds stop invalid and throws out government's case)
State of Minnesota vs. A.R. (Sherburne County District Court) (client arrested for DWI was initially stopped for making left-turn fully into shoulder area of highway, but at the license hearing the stop was held to violate the fourth amendment which resulted in the State's dismissal of all charges as well)
W.W. vs. Commissioner of Public Safety (Isanti County District Court) (client arrested on lake for DWI
in motorboat with motor idling, district court invalidates government's case in full, finding that a motorboat in operation does not include a boat being propelled by other than mechanical means)
N.S. vs. Commissioner of Public Safety (Anoka County District Court) (client arrested for DWI after being found by police in vehicle after accident, district court throws out government's case for failing to prove that client was the one who drove the vehicle, and for failure to issue a proper 7-day temporary license)
State of Minnesota vs. M.D. (Hennepin County District Court) (client charged with one count of Second-Degree Refusal and one count of Third-Degree DWI, jury acquits on both charges)
State (& Commissioner of Public Safety) vs. J.T. (St. Louis County District Court) (DWI Refusal charge and license revocation dismissed by court upon officer's failure to offer driver alternative test pursuant to statute, driver later resolves case without any conviction and return of seized vehicle)
State (& Commissioner of Public Safety) vs. J.N. (Dakota County District Court) (DWI dismissed after court overturned license revocation on constitutional grounds, where officer unlawfully opened client's passenger door in order to have contact with her but without legal justification)
State vs. L.L. (Rice County District Court) (DWI dismissed where officer pulled in behind client off the highway and used emergency lights for purported reasons of traffic safety, but did not have objective facts supporting the seizure)
State vs. M.S. (Ramsey County District Court) (DWI over .08 tossed out by judge due to improper 15-minute observation period prior to Intoxilyzer testing)
S.Z. vs. State of Minnesota (Washington County District Court) (old DUI conviction thrown out due to insufficient admissions of guilt, which shall cause State to undo its cancellation of client's driver's license as "inimical to public safety" for multiple DUI convictions)
Burglary/Arson:
State v. C.L. (Wright County District Court) (client charged with burglary and arson of commercial building; court granted our motion to dismiss entire case on the grounds of insufficient evidence)
Driving After Revocation:
State vs. T.L. (Renville/DakotaCounty District Court) (client hired us for two Driving After Revocations after representing himself in a previous conviction; client was able to avoid a conviction in both matters due in part to an obscure notice rule requiring the State to inform a driver of the expiration of his or her revocation period)
Drug Possession:
State vs. J.D. (Dakota County District Court) (felony drug possession dismissed due to illegal search of defendant's backpack); and State vs. L.G. (Dakota County District Court) (felony drug possession dismissed due to illegal search of defendant's handbag)
B-Card Violation:
J.B. vs. Commissioner of Public Safety, (Hennepin County District Court) (State cancelled client's driver's license for three years on police allegation that he consumed alcohol in neighbor's yard in violation of his restricted license; district court reverses cancellation, finding insufficient evidence of consumption, as well as improper notice to client)
Aggravated (Armed) Robbery:
State of Minnesota vs. A.F. (Ramsey County District Court) (defendant charged with two counts of first degree aggravated robbery with presumptive guideline sentence of seven years in prison, sentenced to 60 days in local workhouse)
Vehicle Forfeiture:
S.E. vs. Saturn Ion (Hennepin County District Court) (vehicle forfeiture dismissed against vehicle owner who, unlike driver, was not served with copy of notice of seizure and intent to forfeit vehicle)
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