The History of the Consent Exception to the Fourth Amendment Warrant Requirement
The Constitution didn't come with built-in exceptions; courts have created them. Read More
Posted on January 23, 2015 by Charles Ramsay
Series: Consent as an Exception to the Fourth Amendment
Nearly two years ago, the United States Supreme Court held in Missouri v. Read More
Posted on January 20, 2015 by Charles Ramsay
Going Federal On Implied Consent
There comes a time when it becomes clear that the persistent and systematic violation of a constitutional right is falling on deaf ears in state courts. Read More
Posted on January 12, 2015 by Charles Ramsay
Consequences For Minnesota DWIs Continue to Climb
Minnesota's DWI Task Force - a body comprised of a broad array of prosecutors, judges, members of law enforcement agencies, other government employees, and private citizens - is set to make its recommendations to the Minnesota Legislature in 2015. Read More
Posted on January 02, 2015 by Daniel Koewler
Start the New Year With a New You: Minnesota's New And Improved Expungement Law
We first mentioned it last May: After years of effort, the Minnesota Legislature finally passed a bill making it substantially easier to for Minnesotans to finally be allowed to leave their past behind them and seal (expunge) certain records of prior criminal convictions. Read More
Posted on December 22, 2014 by Daniel Koewler
Minnesota Supreme Court Holds Oral Arguments Today Regarding Minnesota's DWI Laws
Big things are about to happen at the Minnesota Supreme Court, and the most visible evidence is going on this morning in two cases: In State v. Read More
Posted on December 10, 2014 by Charles Ramsay
Good Intentions in Ferguson
You can look all you want, but you won't find "good intentions| in the Fourth Amendment. Read More
Posted on December 05, 2014 by Charles Ramsay
Will the Minnesota Supreme Court Avoid the Constitutionality of Refusal? An Examination of the Search Incident to Arrest Exception.
Any time now, we expect the Minnesota Supreme Court to issue its long-awaited decision in State v. Read More
Posted on December 01, 2014
Brooks-Style Consent: Valid Forevermore? A Dissenting Opinion Suggests Otherwise.
It's been a year and a half since Missouri v. McNeely and more than a year since State v. Brooks. In that time, the law regarding DWI's in Minnesota has been all over the map, a roller coaster of dismissed test results and conflicting decisions. Read More
Posted on November 07, 2014
Idaho Supreme Court Rejects Implied Consent Law
The upheaval that resulted from the United States Supreme Court's 2013 decision in Missouri v. McNeely continues to spark changes to DWI laws across the nation. Read More
Posted on November 04, 2014 by Daniel Koewler
Nevada Supreme Court Holds State's Implied Consent Statute Unconstitutional
Another state in our union has joined the bandwagon of those requiring warrants in DWI cases. Read More
Posted on October 17, 2014
Get Rid of That DWI B-Card License Restriction!
"ANY USE OF ALCOHOL OR DRUGS INVALIDATES LICENSE"
It's embarrassing, it can be awkward . Read More
Posted on October 10, 2014 by Charles Ramsay
Does Our Breath Deserve 4th Amendment Protection?
In this post, we focus on whether breath testingâ??as opposed to blood or urine testingâ??is (or should be) protected by the Fourth Amendment. Read More
Posted on September 24, 2014
Minnesota Supreme Court Hears Bernard Oral Arguments
Yesterday, in State v. Bernard the Minnesota Supreme Court was presented with a fundamental question that has been brewing in Minnesota: is it constitutional to criminally punish one's refusal to waive their Fourth Amendment rights against a warrantless search of their breath? Read More
Posted on September 05, 2014
Texas Finds Per Se DWI Search Statute Unconstitutional
If we told you Texans were smarter than Minnesotans, you would laugh all the way to the Alamo. Read More
Posted on August 15, 2014
Minnesota Supreme Court Sets Oral Arguments On Bernard Case
The Minnesota Supreme Court just scheduled oral arguments in the case of State v. Read More
Posted on July 31, 2014 by Daniel Koewler
"Consent to Search" To Breath Test Case Granted Review in the Wake of Brooks
Six months ago the Minnesota Supreme Court issued its decision in State v. Read More
Posted on July 28, 2014 by Daniel Koewler
Four DWI Cases Granted Review by Minnesota Supreme Court
In less than six months after State v. Read More
Posted on July 22, 2014 by Daniel Koewler
Dan Koewler Selected to the Rising Star List By Super Lawyers Magazine
Daniel J. Koewler
Ramsay Law Firm is proud to announce that Dan Koewler was recently selected to the 2014 Minnesota "Rising Star" list maintained by Super Lawyers. Each year, no more than 2.5% of the lawyers in the State of Minnesota are selected by the research team at Super Lawyers to receive th Read More
Posted on July 16, 2014 by Charles Ramsay
Supreme Court Upholds Integrity of the Warrant Requirement
Today, the Supreme Court of the United States (SCOTUS) issued its long-awaited decision regarding the warrantless search of cell phones by law enforcement. Read More
Posted on June 25, 2014 by Daniel Koewler