Legal Question in Criminal Law in Minnesota

Re: Illegal entrance of residence by Police?

This set of facts sounds almost identical to a major case that just came out of the Minnesota Court of Appeals last month. In that case, the cop was NOT allowed to stop an automatic garage door from closing when there was no separate basis for probable cause. Your son has a very good argument that the police had no right to stop the door from closing, rather they should have left and obtained a warrant or knocked on the door. You are on the right track, this is a 4th amendment case. Talk to an attorney ASAP about this to help your son possibly avoid getting an alcohol offense on his record, which would cause a lot of problems for him.

Re: Illegal entrance of residence by Police?

That could be a good defense issue -- whether police illegally searched the attached garage-home. A criminal defense lawyer, such as myself, would need more facts, and to be able to then research the law specifically applicable to those facts, and to then make an analysis of the issue. If favorable, a motion to dismiss could be drafted and filed. Important facts will include whether the police themselves saw your son driving, and were then in "hot pursuit" of him. Or, whether this was a "citizen tip call" case. Identity and evidence of identity could be a key issue.

(I would not agree that police can identify a driver of a vehicle simply by identifying the registered owner of a vehicle.)

There may also be other defenses. Your best course of action would be to consult a good criminal defense lawyer soon. I would be happy to talk about it with you.

Re: Illegal entrance of residence by Police?

There was a recent Court of Appeals case which was remarkably similar. In that case the court found it was an illegal search to stop the garage door from closing. Your son may certainly have a similar defense and should contact an attorney to fully analyze his case.