Ed Shaw Law - Brainerd Attorney
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Coronavirus Impact and Assurance: Yes! We are still open for business!

As you are all aware, we are currently facing unique challenges due to the Coronavirus. While this is a serious crisis, it is important to keep it in perspective, and not allow it to prevent us from going about our business. We want to assure all of our clients that this office is prepared to serve your needs, regardless of what happens and how the virus affects Minnesota. In an effort to keep the office safe, we have stepped up prevention and sanitation measures in hopes to prevent disease transmission.

Because we are a paperless office, our entire staff is prepared to work from home if necessary. No matter what happens, we will continue to provide our clients with the highest quality legal services.  So far, not one client or staff member has become infected based on contact at this office and we will continue with safety protocols in an attempt to keep it that way. My office will continue to put the safety of our staff and you as our top priority. We do greatly appreciate your cooperation in conducting business in a safe fashion by utilizing current technology. Regardless of what happens, we will continue to take care of all of your legal needs.

Please rest assured, we will continue to take care of your legal needs in this challenging time, and your safety is our highest priority.

Please see our blog for more info on pandemic response.

Supreme Court rules in favor of privacy

| Jun 1, 2018 | Criminal Defense

Police in Minnesota and throughout America will need a warrant to search a vehicle located on private property. The Supreme Court ruled 8-1 in favor of a defendant who had been taken into custody after being suspected of stealing a motorcycle. Police believed that the motorcycle in question was sitting in the man’s driveway under a tarp. After completing a search, they took him into custody when he arrived back at his home.

The case involved two precedents concerning searches outside of a home and an exemption to the Fourth Amendment as it related to searching a vehicle. If authorities believe a crime has been committed, they can generally search a vehicle since it can be moved quickly. However, the majority of the justices believed that an individual’s privacy rights trumped other concerns in a case such as this one. While Justice Clarence Thomas was part of the majority, he did lament that evidence could be suppressed at trial.

In addition to this matter, the Supreme Court has made a number of other rulings relating to the Fourth Amendment and vehicle searches. For instance, it has ruled that vehicles cannot be tracked by GPS without a warrant. Individuals also retain privacy rights even if they are driving a car that was rented under a different name.

A person who is charged with a crime might benefit from consulting with a criminal defense lawyer. An attorney may work to suppress evidence or otherwise create a defense against a charge. Defenses may include casting doubt on physical evidence or claiming that there was no intent to commit a crime. Legal counsel could also argue that evidence was acquired through the illegal search of a vehicle or of a person’s home.