Shawn Michael O'Connell v. State of Minnesota. MN criminal law
This appeal from Hennepin County involved the retroactive application of Missouri v. McNeely, 133 S. Ct 1552 (2013), which held that natural dissipation of alcohol in the blood does not constitute a per se exigency justifying a warrantless search. The Minnesota Court of Appeals held that the rule does not retroactively apply on collateral review of a final conviction.
No. A14-1296 (Minn. Ct. App. Jan. 12, 2015).
Please see the original opinion for the court's exact language.
Richard P. Clem is an attorney and continuing legal education (CLE) provider in Minnesota. He has been in private practice in the Twin Cities for 25 years. He has a J.D., cum laude, from Hamline University School of Law in St. Paul and a B.A. in History from the University of Minnesota. His reported cases include: Asociacion Nacional de Pescadores a Pequena Escala o Artesanales de Colombia v. Dow Quimica de Colombia, 988 F.2d 559, rehearing denied, 5 F.3d 530 (5th Cir. 1993), cert. denied, 510 U.S. 1041 (1994); LaMott v. Apple Valley Health Care Center, 465 N.W.2d 585 (Minn. Ct. App. 1991); Abo el Ela v. State, 468 N.W.2d 580 (Minn. Ct. App. 1991).
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