For over 35 years, the lawyers at Hitchcock Law Firm have provided high quality legal services to individual and business clients in the areas of estate planning, wills, trusts, estate tax planning...Read More…
More than 25 years experience protecting the rights of people injured due to auto accidents, medical mistakes, legal malpractice.Read More…

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Ffp Legal Services LLC

5.0

By Ffp Legal Services LLC

We have moved to a new location. Our new location is as follows:\nFFP Legal Services, LLC\n750 Main Street Suite 209\nMendota Heights, MN 55118\nPhone: 952-854-9678\n\nWe specialize in Estate Planning, Tax Planning, Corporate Trustee and Personal Representative roles, Probate,Family Business Planning and Legacy Gifting. ...read more

Caplan & Tamburino Law Firm, P.A.

5.0

By Brian Abraham 1

Wonderful service and fantastic results. ...read more

Caplan & Tamburino Law Firm, P.A.

5.0

By Brian Abraham 1

Wonderful service and fantastic results. ...read more

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Mark Herman Attorney At Law

Mark Herman Attorney at Law is located in Minneapolis, Minnesota. A misdemeanor, gross misdemeanor or a felony conviction on your record can interfere with your future goals, so Mark Herman Attorney at Law will work hard to obtain the best possible resolution. We'll represent you on DUI/DWI, refusal, assault, drug offenses, disorderly conduct or any other misdemeanors or felonies. Penalties can include everything from jail time to fines, so have Attorney Mark Herman in your corner. We're available 24/7. ...read more

By Mark Herman Attorney At Law May 30, 2014

Minnesota Search Warrants: Probable Cause & Identifiable Objects

By: Timothy D Webb, a Criminal Defense Lawyer in Minneapolis, MN             The Fourth Amendment to the United States Constitution provides: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized. U.S. Const. amend. IV.  The Minnesota Constitution contains a similar provision. SeeMinn. Const. art. I, § 10.  The latter clauses of these provisions are commonly referred to as the “warrant clauses.”             The warrant clauses prohibit the issuance of search warrants absent a showing of probable cause.  Generally, a search is lawful only if conducted pursuant to a valid search warrant issued by a neutral and detached magistrate who has found probable cause. SeeMinn. Stat. § 626.08 (2006);State v. Harris, 589 N.W.2d 782, 787 (Minn. 1999);State v. Albrecht, 465 N.W.2d 107, 108 (Minn. Ct. App. 1991).  Minnesota has adopted a “totality of the circumstances” test for determining whether a search warrant is supported by probable cause.  State v. Wiley, 366 N.W.2d 265, 268 (Minn. 1985)(citingIllinois v. Gates, 462 U.S. 213, 238 (1983)).             The issuing magistrate must have “a substantial basis” to find probable cause.  State v. Carter, 697 N.W.2d 199, 205 (Minn. 2005).  Although thequantum of evidencenecessary to establish probable cause in the arrest and search contexts is the same, “it does not follow that probable cause for arrest and probable cause to search are in all respects identical.  This is clearly not the case.”  2 Wayne R. LaFave,Search&Seizure§ 3.1(b) (4th ed. 2007) (“Search & Seizure”).  The distinction “is a critical one, and is particularly significant in search warrant cases, for it means that the probable cause determination in that context is a much more complex matter[.]” Id.  The more complicated probable cause determination which must be made in search cases may be said to include four ingredients:  time; crime; objects; and place…  Assuming no problems exist with respect to time, it is still necessary that there be established a sufficient nexus between (1) criminal activity, and (2) the things to be seized, and (3) the place to be searched. Search & Seizure§ 3.7(d).              Minnesota courts have identified these same four elements—(1) time, (2) crime, (3) objects and (4) place—as critical to probable cause in the search context. See, e.g.,State v. Jannetta, 355 N.W.2d 189, 193 (Minn. Ct. App. 1984)(“Probable cause to search exists if it is established certain identifiable objects are probably connected with certain criminal activity and may probably be found at the present time.”);State v. Souto, 578 N.W.2d 744, 749 (Minn. 1998)(“When the request of the court is for the issuance of a warrant to search a particular location, there must be specific facts to establish a direct connection between the alleged criminal activity and the site to be searched.”).[1]             Evaluation of the probable cause underlying a search warrant is limited to a review of the information presented in the warrant application. Novak v. State, 349 N.W.2d 830, 831 (Minn. 1984).  The purpose of the affidavit supporting a warrant application is to provide information from which a magistrate may independently determine whether probable cause exists to issue a search warrant. State v. Eggler, 372 N.W.2d 12, 15 (Minn. Ct. App. 1985).  Probable cause exists only if an affidavit sets forth competent evidence sufficient to lead a reasonably prudent person to believe there is a basis for the search.  State v. Bagley, 175 N.W.2d 448, 456 (Minn. 1970). [1]Professor LaFave again enumerates the four elements of probable cause to search when distinguishing it from the simpler probable cause necessary to support arrest:For probable cause to arrest, it is simply necessary that there exist a probability that a crime has been committed and that the person to be arrested committed it.  Probable cause to search, on the other hand, ordinarily may be said to exist only if it is established [1] that certain identifiable objects [2] are probably connected with certain criminal activity and [3] are probably to be found at the present time [4] in a certain identifiable place.Search & Seizure§ 3.7 (bracketed numbers added). ...read more

By Timothy D Webb, Criminal Defense Lawyer May 17, 2014

Chestnut Cambronne

We are a law firm providing the highest quality of legal service while maintaining a close relationship with each client. Chestnut Cambronne 17 Washington Avenue N, Suite 300 Minneapolis, MN 55401 Phone: 6123397300 Contact Email: info@chestnutcambronne.com Website: www.chestnutcambronne.com Main Keywords: estate planning ...read more

By Chestnut Cambronne April 30, 2014

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