Tag Archives: DWI

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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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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Thomas Solmer on the MN Court of Appeals, Harrison v. Comm’r of Public Safety

On May 4, 2010, the Minnesota Court of Appeals held in Harrison v. Commissioner of Public Safety that no Fourth Amendment search occurs when the government actually tests the alcohol concentration of a blood sample that was previously drawn and … Continue reading

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The Duration for the Doing The anomalously fortuned Mr. Wertheimer picked up his fourth DWI ten years to the day that he was convicted of his first one.  Is May 12, 2007 “within” ten years of May 12, 1997, as … Continue reading

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