When Can Police Use a Drug Dog Sniff to Search Your Vehicle?
North Star Criminal Defense Blog
by James Gempeler
4d ago
What starts as a routine traffic stop, can quickly turn into a high stakes encounter when police suspect drugs are involved. The key though is how and why the police ‘suspect’ the presence of drugs. And, trust us, we have seen “creative” bases for the raised suspicion – sometimes leading to cases being dismissed because ..read more
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Criminal Harassment – Further Defined
North Star Criminal Defense Blog
by James Gempeler
2M ago
Typically, when someone feels harassed, they are advised by law enforcement to get a harassment restraining order, which purportedly offers the protection sought from the harassing behavior. But, in more serious circumstances, the behavior may lead to a charge for criminal harassment. Criminal harassment can take many forms and is a statute that leads to ..read more
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A Buccal Swab Search May Require A Search Warrant
North Star Criminal Defense Blog
by James Gempeler
2M ago
Under both the United States and Minnesota Constitutions, we have the right to be secure in our “persons, houses, papers, and effects from unreasonable searches and seizures.” But what does it mean to be “secure,” and where exactly is the line drawn for what constitutes an “unreasonable search and seizure?” Well, the Minnesota Court of ..read more
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The Expanding Definition of Curtilage Under Minnesota 4th Amendment Protections
North Star Criminal Defense Blog
by James Gempeler
4M ago
The home has long been regarded as one’s most private and protected domain. The Fourth Amendment protects a person’s residence the most and goes to great lengths to ensure this protection is real and meaningful. That is why it extends to not just the inside of the home, but also its curtilage. Where exactly the line is drawn has been a source of great litigation over the years, to say the least. A Minnesota Court of Appeals decision recently expanded the definition of curtilage under Minnesota 4th Amendment protections. Let’s start with the basics. Both the United States and Minnesota constitu ..read more
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A Disorderly Conduct Charge from Words and Actions Does Not Violate First Amendment Rights
North Star Criminal Defense Blog
by James Gempeler
6M ago
We have all encountered someone who cannot control themselves when something rubs them the wrong way. Instead of keeping their cool, they take it upon themselves to cause a scene. In Minnesota, taking that scene too far can land you with a disorderly conduct charge.  And as one small-town mayor learned the hard way, no one is above this particular law, even if you are an elected official. His words and actions led to his conviction – even though he claimed his First Amendment rights were violated. In Minnesota, a disorderly conduct charge when someone “engages in offensive, obscene, or ab ..read more
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What is a Geofence Warrant and Why is it Important?
North Star Criminal Defense Blog
by James Gempeler
7M ago
Where technology has evolved, individuals are not just traveling with everything at the push of a button, but they are also carrying the ability to track their location with them. When a person carries a cell phone, it pings off the different cell phone towers that it accesses as it moves. So, with some expertise and law enforcement trained into reviewing these records, police can literally track a suspect’s movements from the moment they left their house. Generally, Courts have allowed law enforcement to use search warrants to search a particular phone number/device to track such movements. B ..read more
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Why a expungement lawyer is needed for an expungement. 
North Star Criminal Defense Blog
by James Gempeler
9M ago
Why do I need an Expungement Lawyer?  Technically, you do not need an expungement lawyer. But going in without one is to your own detriment. The expungement process is detail-oriented with what must be filed and served. And the hearing involves State opposition from trained attorneys and even questions from the Court about the merits of your request.    Expungement lawyers at North Star Criminal Defense have a proven process that has been meticulously built and developed to get the best possible outcome when showing up to court. And when we say best possible outcome, that almos ..read more
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Misdemeanor vs. Felony – Levels of Crimes in Minnesota
North Star Criminal Defense Blog
by James Gempeler
9M ago
A common question we get from our clients and family/friends is: what is the difference between a misdemeanor vs. felony? To understand this, we will go over the full list of levels of crimes in Minnesota, starting with a type of conviction that is technically not a crime. The Difference Between a Misdemeanor vs. Felony Distinctions between misdemeanors and felonies in Minnesota are based on factors such as the nature of the offense, the potential harm caused, and the prescribed punishment under state law. Petty Misdemeanor Petty misdemeanors are not crimes, per Minnesota law. So, while a pers ..read more
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What is a DRE and Why It is Important?
North Star Criminal Defense Blog
by James Gempeler
1y ago
If you are charged with a marijuana DWI, the State’s manner of proof is far different – and frankly harder – than a standard alcohol-related DWI. The primary reason is that the State is forced to prove actual impairment and cannot rely simply on a scientific test to tell us that the person is impaired. The BCA experts will even admit – the mere presence of THC in a person does not correlate to impairment. There is no .08 threshold like in alcohol where a person can be scientifically determined to be impaired. So, the State must prove impairment by the person’s driving and personal conduct. Thi ..read more
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The Odor of Marijuana Alone May Not Justify Vehicle Search
North Star Criminal Defense Blog
by James Gempeler
1y ago
The Supreme Court recently issued a critical decision that will have wide-ranging impact that coincides with the new legalization of marijuana. As outlined previously in this blog, the Court of Appeals ruled that the mere odor of marijuana – without any other circumstances to point to possible criminal activity – may not justify the search of a vehicle. The court tried to state that it’s holding was NOT odor alone is insufficient for the search, but rather the totality of the circumstances were insufficient. Those circumstances, though, pointed to the singular conclusion – odor alone is insuff ..read more
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