Posts Tagged ‘drug crimes lawyer’

Search warrants

Tuesday, November 20th, 2018

Dog sniffs

A police officer's drug detection dog alerted at the threshold of defendant's apartment door, and police then obtained a warrant to search the apartment.  The search revealed two bullets and a scale that tested positive for a trace amount of methamphetamine.  After the State charged defendant with 5th degree controlled substance crime and possession of ammunition as a ineligible person, defendant successfully moved the trial court to suppress the evidence, arguing that the dog sniff leading to the warrant violated his constitutional rights.  The Minnesota Court of Appeals agreed with the trial court's decision to suppress the evidence because the police lacked reasonable suspicion to believe defendant's apartment contained methamphetamine, noting that the dog sniff did not arise from a reasonable suspicion of criminal activity.  Affirmed.

State v. Weyker, A18-0786, Dakota County.

Lynne Torgerson, Esq. was not attorney of record in this case.


Monday, November 19th, 2018

Statements against interest hearsay exception

Defendant challenged his convictions of, and sentences for, driving while impaired (DWI), and fifth degree controlled substance possession, raising two issues.  First, he sought a new trial based on the trial court's decision to exclude hearsay evidence, which he alleged qualified under the exception for a statement against the declarant's interest.  Second, he sought modification of one sentence, arguing his conviction arose from the same behavioral incident and that the trial court erred in determining the sentence.  The Minnesota Court of Appeals held that the trial court did not abuse its discretion in excluding the statement by an unavailable declarant, made on the eve of trial, alleging the declarant was actually driving the vehicle.  Affirmed.

State v. Whitaker, A17-1662, Hennepin County.

Lynne Torgerson, Esq. was not attorney of record in this case.

Jury instructions

Friday, November 16th, 2018

Lesser included offenses

Defendant challenged his conviction for attempted second degree intentional murder, arguing that he was entitled to a jury instruction on the lesser included offense of first degree assault.  The Minnesota Court of Appeals held that first degree assault is not a lesser included offense of attempted second degree murder.  Affirmed.

State v. Steurer, A17-1737, Ramsey County.

Lynne Torgerson, Esq. was not attorney of record in this case.

DISCLAIMER: Throughout this website, there are statements on various laws. Please note that this is not legal advice, and no reliance
should be taken thereon, and an attorney client relationship is not established hereby. Further, please note that these legal statements
may not currently be up to date, because the laws can change daily, and this website does not. Thus, you will always need to actually retain a lawyer
to establish an attorney client relationship, to rely upon any advice, and to obtain up-to-date legal research. Thank you.

© Copyright 2016 Torgerson Criminal Defense