Author Archives: cweissenborn

Text and Subtext

What does the Minnesota Supreme Court really care about?  Consider:  For his analysis of the Fourth Amendment consent issues in Brooks, Justice Stras required only 308 words, a mere two paragraphs.  But he needed 21 opinion pages in February’s State v. … Continue reading

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The Hypothetical Warrant Rule

Now there are two published appellate decisions from which to begin a sketch of the contours of post-McNeely Minnesota.  There is just one problem.  What is it, exactly, that the courts in the two cases have held? Brooks purports to … Continue reading

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Complete Practical Directions for the Cultivation of Scalia

It was — yup, I’m a geek — marvelous fun reading all the trial court orders that accumulated in the run-up to the Brooks decision.  Credit attorney Barry Edwards for creating the catalog of these cases; in Brooks’s aftermath, I hope … Continue reading

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Why Brooks Fell Flat

Now I remember why my expectations are low in consent-to-search cases.  They end in opinions like the one we got in Brooks.  The Court performed a totality of the circumstances analysis.  Like many such analyses, it was substantively choppy and … Continue reading

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Brooks’s Eve: A Hasty Part 3

Word is, the Brooks decision will be released tomorrow at 10 a.m.   Though my comments here may look completely cuckoo in just a few hours, the Court’s treatment of good faith at the Brooks arguments was sufficiently provocative that … Continue reading

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ORAL ARGUMENT: STATE V. BROOKS, Sept. 11, 2012, Part 2

Correction:  It will be Brooks oral argument, parts 1, 2 and 3.  Today, the consent issues The Tale of the Many-Horned Dilemma I am not above engaging in a bit of soothsaying when I listen to the arguments in a case, … Continue reading

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ORAL ARGUMENT: STATE V. BROOKS, Sept. 11, 2013, Part 1

The outcome(s) of the consolidated Brooks cases will doubtless have huge practical consequences for DWI practice in Minnesota, but that is not even what is most interesting about the cases. Forget the mechanistic and uninspiring field of law that used … Continue reading

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