Posts Tagged ‘sexual assault lawyer’

Search of guest’s purse in search of home authorized by search warrant

Monday, December 18th, 2017

Ignorance is bliss

The question presented in this case was whether the police violated the Court Amendment when, during their execution of a warrant to search a home, they searched a purse that belonged to a guest at the home.  The trial court and the Minnesota Court of Appeals concluded that the search did not violate the Fourth Amendment.  Noting that the police at the time of the search did not know to whom the purse belonged, the Minnesota Supreme Court held that, because the police’s search of a guest’s purse, during their execution of a premises warrant, was reasonable under the totality of the circumstances, the search did not violate the Fourth Amendment.  Affirmed.

State v. Molnau, A16-0330, Minnesota Court of Appeals.

Attorney Lynne Torgerson was not attorney of record in this case.

Commentary: With all due respect, it has been previously decided that a guest of a home being searched pursuant to a warrant cannot be searched.  So, based on precedent, this ruling should have been reversed.  Moreover, we should not be encouraging and rewarding ignorance.  Further, ignorance is too easily claimed.  The contents of the purse simply should have been suppressed and the Fourth Amendment honored and enforced.

Unintentional second degree felony murder

Sunday, December 17th, 2017

Miranda warning and right to counsel

Defendant challenged her conviction of unintentional second degree felony murder and her sentence, arguing that the trial court erred by not suppressing her statement to police and that the sentencing judge exhibited judicial bias during her sentencing. As to an inaudible portion of her videotaped interrogation, defendant argued in trial court that she answered the sergeant’s question, “Yeah, I want a lawyer.”  The trial court found that the sergeant testified credibly at the suppression hearing that defendant stated, “Yeah, I am a lawyer.”  The Minnesota Court of Appeals concluded that the trial court’s conclusion that defendant stated, I am a lawyer was not clearly erroneous, and that such statement did not arguably suggest that she was asserting her right to counsel.  Affirmed.

State v. Fostvedt, A16-2054, Ramsey County.

Attorney Lynne Torgerson was not attorney of record in this case.

Lynne Torgerson, Criminal Defense Lawyer, obtains dismissal of felony threats of violence case

Wednesday, July 26th, 2017

Lynne Torgerson obtains dismissal of felony threats of violence case in Ramsey County

Lynne Torgerson, Criminal Defense Attorney, obtained a dismissal of a felony threats of violence case in Ramsey County on behalf of her client.  It was alleged that her client stabbed her husband in his shoulder with a knife.  Just short of appearing for a jury trial, the State dismissed the charges in the interest of justice.

Gun rights lawyer Lynne Torgerson wins amazing victory in trial court

Monday, June 5th, 2017

Gun rights restoration win together with discharge from probation

Gun rights restoration attorney Lynne Torgerson recently achieved an amazing victory in a metro area court.  Her client was on felony probation, after being convicted of a felony.  The original plea agreement provided that if her client performed well on probation, that upon discharge from probation, the Court would restore his gun rights.  Her client did perform very well on probation.  He then brought a motion to be discharged from probation early, and, for restoration of his gun rights.  The State vehemently fought the restoration of gun rights, in opposition to what he had originally been promised.  Ultimately, the Court ordered that Ms. Torgerson’s client be discharged from probation and that his gun rights be restored.  Her client recently received his permit to purchase.  Bravo!  State v. AW.

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