Legal Question in DUI Law in Minnesota

Re: Cops coming into your residence

Maybe. It would depend upon what happened before that.

Re: Cops coming into your residence

Now that's a question that provides some spectacular detail and a powerful image. Without additional details, however, I cannot speculate on the propriety of the police officer's actions.

Yes, a police officer can barge into your home and give you a blood test if you are under an order to abstain from alcohol consumption, for example, and the officer has probable cause to believe you are in violation of the terms of probation or your release from jail. That presumes, of course, the existence of some prior criminal proceeding. Perhaps that presumption is accurate, perhaps not. Or perhaps you were seen driving your vehicle erratically before coming home and retiring to bed, and again, assuming a number of things, the police could certainly barge into your house and demand a sample of your breath, blood or urine. It could all be so. But, again, more facts are required to evaluate their actions.

I would be glad to respond to a more specific question. My contact information is below.

Re: Cops coming into your residence

The answer depends on your particular circumstances and what you mean by barging in.

An officer must have a warrant to enter your home except under certain exceptions. Those exceptions may include if the officer is in hot pursuit. Hot pursuit does not necessarily mean the the officer must be right behind you.

If there is some emergency related to heaalth or welfare, law enforcement may enter without a warrant.

Again, it all depends on your circumstances.

Whether a blood test can be taken is a separate question altogether. Law enforcement must also generally have a warrant to take blood. If you do not agree to it, it cannot be taken except if:

(1) It is related to a car accident and you are incapacited so that you cannot consent or revoke consent;

(2) It is related to a car accident and a third party was injured.

Short of those two exceptions, a warrant is generally necesary.

For a consultation call 612. 240.8005.

Re: Cops coming into your residence

Probably not. Please make an appointment to see me or an attorney in your area to discuss this. If you have been charged, I would not simply walk in and plead guilty. You might have a valid defense. Please call Herb Kroon in Mankato.