Legal Question in Criminal Law in Minnesota
legality of invitee status?
I am questioning the legaility of a traffic/pedestrian stop by police. 1 vehicle parked in parking lot of gas station. Gas station often burglarized, but checked and secured. Vehicle fogged windows occupied by two. License plates don't match vehicle description. I am questioning the legality of approaching the vehicle to make contact with the two occupants. Also, the gas station was closed and the vehicle is parked a ways away from the station.
2 Answers from Attorneys
Re: legality of invitee status?
An officer must have a reasonable, articulable suspicion of a particular criminal activity to stop a vehicle or seize a person. The answer to your question will depend on what particular suspicions the officer had. A generalized suspicion of indeterminate criminal activity is not enough.
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Re: legality of invitee status?
I have had several cases with similar facts - some of which I won based upon the court agreeing with me that the seizure was illegal (baseless). These are quite fact specific. I would need to know every detail about all of the facts. Really, this means it would need to be a case I was handling, to be able to form an opinion. Even then, I've won cases I've thought would not be won, and vice versa.
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