Minnesota Legal Blog

A Minnesota judge ruled on Oct. 8 that police did not have sufficient probable cause to search a camper in March. The ruling led to the release of two Montana men who were taken into custody when police discovered more than 900 pounds of marijuana in the camper. The men were facing up to 30 years in prison on drug possession charges.

The Minnesota State Patrol trooper who made the traffic stop on Interstate 94 said that he pulled the camper over because it was being driven erratically and had a cracked windshield. He also claimed that seeing campers at that time of the year was rare. However, footage recorded by his cruiser's dashboard camera revealed that the camper was being driven safely, and several other campers were on the road at the time.

As cannabis is legalized in an increasing number of states, many people have raised concerns about individuals driving while under the influence of marijuana. Drunken driving has been linked to a large number of motor vehicle collisions in Minnesota. States across the country have enacted tough laws setting out clear blood alcohol concentration (BAC) limits. Drivers caught exceeding these limits can face drunken driving charges. The 0.08% BAC limit is backed up by a significant amount of research regarding how alcohol affects drivers' decision-making abilities. However, there is relatively little research about how cannabis affects a person's driving skills.

Many people arrested for drunken driving are tested with a Breathalyzer. Suspected drunk drivers are directed by police to blow into the device, so it can measure the alcohol in their breath. While the device is now accepted, initially, it was the subject of intense debate and skepticism. Scientists are working on efforts to develop a Breathalyzer-type instrument to measure a driver's level of cannabis intoxication. One University of Pittsburgh team announced a new device to measure the level of THC, the active component in marijuana, in the breath.

A man convicted of dealing drugs in 2015 became an unlikely civil rights hero on Aug. 14 when the Minnesota Supreme Court ruled that the methods police used to obtain the crack cocaine used to convict him violated his rights against unreasonable searches and seizures guaranteed by the Fourth Amendment. The drugs were recovered after the man was sedated, strapped to a table and subjected to a cavity search of his rectum.

Police say that they saw the man appear to conceal the drugs when he was taken into custody following an undercover narcotics buy. Doctors at North Memorial Hospital refused to perform a cavity search because the warrant obtained by police did not specifically authorize such an invasive procedure. The search was later performed by doctors at the Hennepin County Medical Center after police had obtained a more explicit warrant. Two officers remained in the room while the man was searched.

Those who are currently serving time in Minnesota prisons may be eligible for an early release because of the First Step Act. Beginning on July 19, 3,100 inmates will be released in an effort to comply with the law. Of those who are going to be released soon, about 900 will need to resolve immigration or other local charges. The Department of Homeland Security and other state agencies have discretion as to what happens to them.

As part of the First Step Act, inmates are given a risk assessment score, and that score is reevaluated every six months. Those who are deemed a low enough risk could be entitled to credits that allow them to be released sooner than anticipated. The law also grants greater access to home confinement and compassionate release programs that had been used infrequently before it was passed.