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Robert A. Lengeling

Thomas B. Beito

 


Beito & Lengeling, P.A.
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Minneapolis, MN 55405

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Entries Tagged as 'Fourth Amendment'

Minnesota Criminal Caselaw for the Week of December 21-25, 2009

January 1st, 2010 · No Comments

COURT OF APPEALS OF THE STATE OF MINNESOTA
State of Minnesota v. Bernard Connie
UNPUBLISHED OPINION
Appellant challenged his conviction of fifth-degree controlled-substance sale, arguing that the district court erred by denying his motion to suppress a pistol and marijuana that officers discovered during a search of appellant. The district court held that the search was lawful, relying [...]

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Tags: Drugs · Evidence · Fourth Amendment · Jury Instructions · Prosecutorial Misconduct · Search and Seizure · Sufficiency of Evidence

Minnesota Criminal Caselaw Update for the Week of December 7-11, 2009

December 15th, 2009 · 1 Comment

SUPREME COURT OF THE STATE OF MINNESOTA
State of Minnesota  v. Danna Back
Appellant’s second degree manslaughter conviction is reversed by the Supreme Court on grounds that the evidence used to convict was insufficient.
The case involves an apparent love triangle involving Danna Back, Nicholas Super, and the murder victim, Daniel Holliday.  Super was the gunman who murdered [...]

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Tags: Fourth Amendment · Search and Seizure · Sentencing

Minnesota Criminal Caselaw Update for the Week of November 23 – 27, 2009

December 1st, 2009 · No Comments

SUPREME COURT OF MINNESOTA
State of Minnesota  v. Pearson
Appellant Larry Demetrius Pearson challenged his conviction for first-degree murder and unlawful possession of a firearm.  In his appeal, Pearson raised the following issues:  (1) whether the trial court erred by admitting as rebuttal evidence a videotaped statement made by Pearson to a police officer; (2) whether the [...]

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Tags: Drugs · Due Process · Evidence · Fourth Amendment · Homicide · Police Misconduct · Prosecutorial Misconduct · Right to Counsel · Search and Seizure · Sentencing

Minnesota Criminal Case Law Update For Week of November 16-20, 2009

November 23rd, 2009 · No Comments

Court of Appeals of Minnesota.
STATE of Minnesota, Respondent, v. Jah D. CULP, Appellant.
(UNPUBLISHED OPINION)
 Appellant challenges the scope and duration of an investigatory stop asserting that the stop was impermissibly extended.  Appellant was a passenger in a vehicle that was parked in a private business parking lot at 5:00a.m.  The officer’s suspicion was aroused because the [...]

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Tags: Fourth Amendment · General DWI · Sentencing · Test Refusal

U.S. Supreme Court: The Fourth Amendment Lives!

April 21st, 2009 · No Comments

Today the United States Supereme Court struck a blow for liberty and our rights under the Fourth Amendment in Arizona v. Gant. In a 5-4 decision, the Court held that police do not have the automatic right to search an automobile after the arrest of its occupant(s).  This decision will have a wide ranging effect [...]

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Tags: Fourth Amendment

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