The rulings are rolling out in DWI cases in Minnesota where motions for suppression are being raised in light of the recent Supreme Court of the United States ("SCOTUS") ruling in Missouri vs. McNeely. The outcomes of these rulings are quite polar, as demonstrated by the two examples below.
In the first example, an Anoka County case, the defendant's motion is granted, and test evidence is suppressed. In that case, the positions and reasoning of the defendant seem almost wholesale adopted by the court. In the second, a Hennepin County case, the motion is denied. In that case, and the defendant's arguments in favor of suppression are set up and knocked down one by one.
No doubt these and many other cases will be appealed by the respective parties. There are many, many more such rulings to follow. Thankfully, there should be some clarity coming from the Supreme Court of Minnesota. The Court agreed to expedite Brooks v. Minnesota, No. 12-478 (Order filed April 22, 2013). Brooks and two other Minnesota cases (two of which were urine tests) were remanded back to the State of Minnesota by the SCOTUS in light of the ruling in McNeely. Oral arguments are set to commence on September 11, 2013. A decision should follow in a couple months.
In the first example, an Anoka County case, the defendant's motion is granted, and test evidence is suppressed. In that case, the positions and reasoning of the defendant seem almost wholesale adopted by the court. In the second, a Hennepin County case, the motion is denied. In that case, and the defendant's arguments in favor of suppression are set up and knocked down one by one.
No doubt these and many other cases will be appealed by the respective parties. There are many, many more such rulings to follow. Thankfully, there should be some clarity coming from the Supreme Court of Minnesota. The Court agreed to expedite Brooks v. Minnesota, No. 12-478 (Order filed April 22, 2013). Brooks and two other Minnesota cases (two of which were urine tests) were remanded back to the State of Minnesota by the SCOTUS in light of the ruling in McNeely. Oral arguments are set to commence on September 11, 2013. A decision should follow in a couple months.
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