Legal Question in Criminal Law in Minnesota

Re: Petty Misdomenor Trial by judge how to challenge search

First, you do have the right to have a lawyer represent you in a petty misdemeanor case. You just do not have the right to a public defender, free to you, paid by the state, to represent you in such a case, since no jail is possible. You might want to hire a lawyer to help you, as there can be long-lasting consequences to such a case.

Beware if there was more than 1.4 grams in the car -- the prosecutor could then amend the charge to a misdemeanor "possession of marijuana in a motor vehicle."

As for your motion to suppress evidence for an illegal search, and then dismiss all charges for lack of evidence, you ideally would mail the prosecutor and the court a copy of your written motion to dismiss for violation of the Fourth Amendment warrant requirement where no valid exception to it applies. Cop/prosecutor could be expected to argue that the film canister was in "plain view" and in his training and experience film canisters often contain marijuana, especially when found near a lighter. Defense would point out that film is most often found in film canisters, that there were other items there besides a lighter, such as the cigarettes the lighter was used with, and (list other items if any). Cop/prosecutor might argue that you consented. Try to get cop to admit you protested, did not consent.

You would be well advised to hire a lawyer. You can call me for a few free tips, if you like, though. Good luck.

Re: Petty Misdomenor Trial by judge how to challenge search

Herb Kroon of our office stated. Tell this person that he/she should call the court administartor and tell them that he wants to challenge the search. They will tell him

whether a special pre trial hearing is necessary. If they don't want

to help, then, show up for the trial and immediately tell the judge

that you want to challenge the legality of the search.

You can call Herb with any questions.

good luck