Joel Heiligman, lawyer

Criminal/ Search of parked car

While executing a search warrant on a residence, police observed the defendant driving to the residence. The defendant told police that there were drugs and a gun in the car. Police searched and located contraband in the car. The Court finds the searh  of the car was lawful, indicating that the automobile exception dispensing with the need for a warrant applied.  State  v.  Lowe, A08-1314  (Ct App. Unpubl. 09/08/09)

Joel Heiligman/lawyer

Criminal / Inevitable Discovery

An officer stopped a van for a traffic violation and found that the driver and sole occupant had a suspended license and did not own the van.  The van was stopped in a traffic lane and the officer searched the vehicle, finding a handgun inside a pillow. The Court finds that even if the officer unlawfully searched the area around the driver’s seat, the handgun is admissible under the inevitable discovery doctrine because police would have impounded the van in any event and would have discovered the firearm during an inventory search.   State  v.  McCutchison, A08-1987  (Ct. App. Unpubl. 09/01/09)

Joel Heiligman/ lawyer

Criminal/ Basis for Dog Sniff

A confidential informant that had given reliable information in the past reported that the defendant was selling large amounts of cocaine from an apartment and a vehicle. Police corroborated certain information. The Court finds there was sufficient threshold to support a dog sniff.  State  v.   Zambrano A08-1162  (Ct. App. Unpubl.  09/08/09)

Joel Heiligman/lawyer

Criminal/ Search Warrant – Residence

The Court finds that there was sufficient evidence to justify the issuance of a search warrant for a residence where methamphetamine residue, syringes and glass bulbs were found during two trash pulls from the home and there had been reported suspected drug activity outside the defendant’s home including one arrest.  State v.  Harbach, A08 1898  (Ct. App. Unpubl. 09/15/09)

Joel Heiligman/lawyer

Criminal/ Miranda Waiver Sufficient

Affirming a District Court finding , the Court finds that defendant’s Miranda waiver was valid  where the defendant admitted that he had smoked marijuana earlier that day but denied being under the influence at the time of his statement.  State  v.  Thompson A08-1831  (Ct. App. Unpubl.  09/29/09)

Joel Heiligman/ lawyer

DWI/ Enhancement- South Dakota Revocation

The Court finds that the DWI revocation statutes in South Dakota are in conformity with Minnesota law and affirms the use of the South Dakota revocation to enhance the defendant’s Minnesota DWI charge.  Defendant had the opportunity to challenge the South Dakota revocation but did not do so.  State  v.  Breault, A08-1834  (Ct. App. Unpubl. 09/08/09)

Joel Heiligman/ lawyer

DWI/  Physical Control  of Vehicle

The Court finds that an officer had probable cause to believe that the defendant was in physical control of a motor vehicle while impaired where the officer observed an improperly parked unoccupied vehicle outside an apartment complex with the lights and engine running and the petitioner was found lying on the hallway floor in the apartment building.  The petitioner admitted she had been drinking before driving home and that she drove about 15 minutes prior to the officer’s arrival.  Lovato  v.  Commissioner, A09-0143  (Ct. App. Unpubl.  09/15/09)