State Of Minnesota Court Rulings June 2008

Odor Of Marijuana. State v Ortega . 6-3-2008. Court Of Appeals- The court rules that a police officer had probable cause to search a vehicle being detained during a routine traffic violation after the officer smelled marijuana in the vehicle or observed it on one of the occupants, even though the officer did not have probable cause that there was more than a petty misdemeanor amount of marijuana in the car.

Emergency Entry Claim. Stave v Young . Court of Appeals. 6-3-2008 -A citizen told police a group of men and women were smoking methamphetamines in a house, and that one of the men had a gun and it was feared the women would be raped. The court concluded the warrantless entry by police officers into the house was not justified by the emergency aid exception because the officers did not have any information and made no observations indicating that anyone in the house was in any distress or danger of imminent injury.

DWI WIth PBT .07- Reeves v Commissioner. 6-24-08. The court finds that an officer had probable cause to arrest the Mr. Reeves for DUI, where the officer observed indications of intoxication, in spite of a preliminary blood test reading of .07.

Death Penalty-Child Rape. Kennedy v. Louisiana. 6-25-2008. The supreme count concludes that the 8th Amendment to the United States Constitution bars the State of Louisiana from imposing the death penalty for the rape of a child where crime did not result and was not intended to result in the death of the victim.

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