Minnesota Law & Politics magazine has again awarded Thomas C Gallagher its Minnesota Super Lawyers rating in Criminal Defense for 2009, in its August issue. This is awarded to the top 5% of lawyers in Minnesota. Gallagher is grateful to all those who voted for him.
Gallagher, with over 20 years of experience as a Minneapolis Criminal Lawyer, has been awarded this top-rating many times over the years.
According to recent news reports on press releases from Minneapolis police; local and federal law enforcement have arrested at least one suspect and executed search warrants – yielding a database of subscribers to My Fast Pass, apparently in connection with claimed criminal prostitution. An interesting twist in this case, police have publicly declared:
“As part of our ongoing criminal investigation, it is our intention to have face to face contact with people on this list, to include men and women. If you feel it is in your best interest to have input into the time and place of this meeting you can email [minneapolis police].”
I guess you can’t blame a fellow for trying, right? One must wonder though – what kind of person (in that database) would find it in their best interest to set up an appointment for a policeinterrogation? Why help the government take you down?
Most everyone realizes their sacred Constitutional right to silence in the face of police questioning, and their right to have a lawyer present from television and movies. Unfortunately, many of those entertainments show the fictional suspect waiving their rights, to quickly commit legal suicide – but it does help move the story along, doesn’t it?
Too few movies and television stories show the innocent bullied or tricked into confessing or admitting facts by trained police officers. Criminal defense lawyers generally advise people suspected by police to (a) remain silent; (b) do not consent to any search of person or property; and (c) consult and retain a good criminal lawyer as soon as possible. In pre-charge, investigatory cases, an ounce or prevention is worth much more than a pound of cure.
Another year, another truckload of new laws – the usual, right? How does that affect you? For the most part, hopefully it doesn’t.
Butwhen you consider the fact that most criminal law problems – large and small – start as vehicle traffic stops; it pays to be aware of new laws allowing police to stop you. Some of these went into effect June, July and some August 1, 2009. All represent an expansion of government power and a reduction of your liberty and freedom.
Do you remember several years ago when advocates of another law to mandate seat-belt use upon penalty of a petty misdemeanor fine, reassured us “don’t worry, we will never ask for a primary seat belt law;” How long is “never,” again? Not that long, it seems.
It starts with a traffic stop…
Police now can stop you for merely not wearing a Seat-belt in Minnesota. A “primary violation” seat belt law gives police the legal right to stop a vehicle if someone in the vehicle appears to not wear a seat belt. The previous version of the seat belt law did not allow traffic stops solely for the appearance of not wearing a seat belt. This year’s law does. The law eliminates personal choice, and personal responsibility. It hands over more responsibility and more power to the government, taking it away from the individual. It reduces the need for people to educate themselves, be responsible for themselves, and develop a personal moral code. It reduces your freedom. As usual, they claim sacrificing your freedom is worth it – for your own good.
The new “primary” seat belt violation law increases the potential for stops and arrests resulting from racial profiling. Racial profiling is a real problem – difficult to solve. Though police generally don’t view themselves as racist (few people do), they are no different from the rest of us, and are no more perfect in relation to racial stereotyping and its effects. We know that when it comes to race, there is a disparate impact upon people identifiable as part of a racial minority group that can only be explained by race. Creating more opportunities for police to stop people for petty, technical violations inevitably leads a worsening of the racial profiling problem.
Social control by force – by law enforcement – is corrosive to our culture and our youth. Why learn responsibility as an individual if the government allows you little of it, and controls ever smaller aspects of your life – year after year, law after law? This seat belt law gives law enforcement yet another reason to pull someone over, and to find another, bigger reason to interfere with your life.
Expansion of Child Seat law.
Under the new law, children in a motor vehicle must now be in a child passenger restraint system until their eighth birthday or they reach 4 feet 9 inches tall. Of course, this is yet another reason for police to stop you if it appears you might be in violation of this.
Global Positioning Systems on Windshield .
Global Positioning Systems (GPS) can now lawfully be mounted or located near the bottom-most part of a vehicle’s windshield. Previously, anything mounted on the front or rear windshield put the driver at risk of a traffic stop by police. The “obstructed windshield” statute, used by police to justify such traffic stops, does have some language about obstruction to the drivers view – yet, it gave police the legal excuse to stop someone if there was anything on the windshield, or between the windshield and the driver. These have included RADAR detectors (otherwise legal), notepads stuck to the windshield, air fresheners or other items hanging from the rearview mirror, and the like – in addition to GPS units mounted to the windshield. At least now there is an exception for GPS units mounted to the lowest portion of the windshield. Presumably in that location, the driver’s view will not be impeded.
What about a RADAR detector? Prudence might argue for a newer RADAR detector with a GPS unit incorporated in the same unit. That – or don’t mount it to the windshield. (See, Speeding Laws in Minnesota for a discussion of MN speed law and defense.)
Tips for Avoiding Traffic Stops.
Other than changing your race, age, car, etc., how can you minimize your risk of a traffic stop? Of course, obeying the traffic laws seems obvious. But what about all of the technicalities the police can use to either ruin your day, or ruin your life? Here’s a list of a few:
Avoid placing any decals of any kind on your front or rear windshield, even where instructed to do so by a government agency. Instead, place them on a side window, where necessary.
Make sure there are no cracks in your windshields. In winter, make sure they are free of ice and snow.
Avoid hanging items from your rear view mirror, like air fresheners. Place them below the windshield level. Avoid hanging anything from sun visors.
Make sure all of your lights, brake lights, turn and lane change indicator lights, as well as license plate illumination light – are all working.
Make sure your vehicle is displaying proper license plate or other registration evidence.
Make sure your vehicle’s suspension, alignment and steering are good enough that your vehicle does not weave.
Avoid tinted glass police may view as illegal. (And work on changing this law.)
Given the plethora of overreaching laws already in existence, it has never been more important to prevent police from violating your privacy and liberty interests. Traffic stops are the narrow end of the wedge the government can drive into you and your life, to hurt or destroy you. Every police contact creates a risk of a life-altering criminal charge – innocent or not. Every smart citizen should strive to avoid these police contacts in the first place.