Marijuana in a Motor Vehicle Minnesota Law

What are the penalties in Minnesota for transporting marijuana in a motor vehicle? The answer depends on the weight of the marijuana and its location. If the police find a "small amount of marijuana" in the trunk of your car, the offense is only a petty misdemeanor subject to a fine of up to $300.00 and no jail time. A small amount of marijuana is defined as 42.5 grams or less. See https://www.revisor.mn.gov/statutes/?id=152.01. A petty misdemeanor offense is not considered a crime in Minnesota.

What if the police find marijuana in the passenger compartment of your car? The penalties will increase depending on the weight. If the police find 1.4 grams or less of marijuana in the passenger compartment, it's only a petty misdemeanor offense. See https://www.revisor.mn.gov/statutes/?id=152.027 If the weight of the marijuana is more than 1.4 grams but less than 42.6 grams, you can be charged with a more serious misdemeanor offense for possessing marijuana in a motor vehicle. The penalties for a misdemeanor conviction in Minnesota are a jail sentence of 0 and 90 days and/or a fine of up to $1,000.00.

What are the penalties if the marijuana found by the police weighs more than 42.5 grams? Again, the penalties increase because of the weight. You can now be charged with the felony level offense of controlled substance crime in the fifth degree. See https://www.revisor.mn.gov/statutes/?id=152.025. If the weight of the marijuana found by police exceeds 42.5 grams, the location of the marijuana in your car no longer matters.

The drug law in Minnesota does not punish you as harshly when marijuana is transported in the trunk of your car and weights less than 42.5 grams. In fact, it's not even a crime.

If the police find marijuana in your car, do you still have a defense? Yes, depending on the circumstances of your case. The stop of your car by the police may have been illegal. The search of your car by the police may have been illegal. You may be eligible for a drug diversion program. If you or someone you know has been charged with marijuana in a motor vehicle, you will need the "Best Defense." Call Minneapolis criminal defense attorney Robert J. Shane for a free phone consultation at (612) 339-1024 or read his blog for more tips and defenses at www.criminallawyerminnesota.com.

MN Law on the Use at Trial of Defendant's Prior Acts of Domestic Abuse

The prosecution is allowed to introduce into evidence at a criminal trial  prior acts of domestic abuse  committed by a defendant against a victim of domestic abuse or against any other family or household members. See https://www.revisor.mn.gov/statutes/?id=634.20. The statute has been interpreted to permit the prosecution to also introduce evidence of prior assaults committed by an accused against  former girlfriends. Evidence of similar conduct is admissible at trial unless the probative value of the evidence is substantially outweighed by the danger of unfair prejudice. The trial judge will weigh this issue.

The prosecution will typically file a pre-trial motion seeking permission from the court to introduce evidence at trial of similar conduct by the accused. The state will detail for the court at a motion hearing the anticipated testimony of the former victims of domestic abuse. If the prosecution wins on the motion to introduce  similar conduct evidence, the defense will need to request that the court instruct the jury prior to the admission of the evidence that the jury is not to convict the accused based on conduct that is not a part of the present charge. It may be advisable for the defense at this point to  stipulate to  the facts  regarding the prior assaults with limited details rather than have  the jury hear live testimony from the former victims with graphic details. 

If you or someone you know has been charged with domestic abuse or domestic strangulation, you will need an experienced criminal defense attorney to defend your freedom and reputation. Call Minneapolis criminal defense attorney Robert J. Shane for a free phone consultation at (612) 339-1024 or visit his website for more information at www.criminallawyerminnesota.com. Mr. Shane has 30 years of criminal defense experience and maintains a winning record.

Minnesota Law on Cell Phone Seizure without a Warrant

When can the police seize your cell phone without a warrant? This is a legitimate concern especially if  your cell phone contains incriminating information that can be used to prosecute you. The warrantless seizure of a cell phone is unreasonable under the Fourth Amendment unless the seizure falls within one of the recognized exceptions to the warrant requirement.

The first exception is called the plain view exception.  The police are permitted to seize a cell phone without a warrant if it is  in plain view and the police are legitimately  in a location to view the cell phone.  If, for example, the police come to your house with an arrest warrant and find your cell phone next to the bed where you are  found sleeping, the police  are legitimately in a location to view the cell phone, assuming the arrest warrant is valid.  Secondly, the police must have probable cause to believe that the cell phone contains incriminating evidence. The police usually rely on their prior investigation to develop probable cause for the seizure. For example, if the police have knowledge that the phone was used to send an incriminating text message to a co-defendant, probable cause for the seizure can be established. The rationale behind the plain view exception is to avoid the possible destruction of evidence that could take place if the police were required to obtain a search warrant before  seizing the phone.

The second exception to the search warrant requirement for the seizure of a cell phone is known as the search incident to  arrest.When a person is lawfully arrested, the police are authorized to search the person for evidence of a crime and to also search the area within the persons reach where he may grab a weapon or destroy evidence of a crime.  If your cell phone is found on your person or within your immediate area, the police are allowed to seize the phone without a warrant if they  believe it may contain evidence of a crime.

 

If you or someone you know has been charged with a crime, call Minneapolis criminal defense attorney Robert J. Shane for the "Best Defense." Mr. Shane has close to 30 years of criminal defense experience and a winning record. Call now at (612) 339-1024 or visit his website at www.criminallawyerminnesota.com.