Legal Question in Criminal Law in Minnesota

Railroaded omnibus hearing
How does one appeal an omnibus ruling before the case goes to trial. An olmsted county judge ruled that she witnessed suspicious activity on the video tape allowing law enforcement to search and seize the vehicle. In reviewing the tape there is no such activity that takes place, unless drinking from a mountain dew bottle is illegal or suspicious. Also why wouldnt the defendant be able to witness the tape.

Another ?

A reliable informant can give info to law enforcement and law enforcement may act on it, however what if you can prove that the informant was not so reliable when he claims he witnessed this suspicious activity also.

If anyone is interested in this tape I will mail it to you. Anything would help. I have the proof, but know one in olmsted county judicial system seems to want to hear it. Thank you,--name removed---name removed-- email; [email protected]

Asked on 7/11/06, 12:43 pm

Maury Beaulier612.240.8005 Minnesota Lawyers

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Re: Railroaded omnibus hearing

You don't. You preserve the omnibus issue for trial, and then,if you lose at trial, raise it on appeal.

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Answered on 7/11/06, 1:16 pm

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