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State v. Williams. MN criminal law, probable cause, second amendment
District Court properly admitted evidence obtained after arrest. Defendant was seen running near scene of armed assault, and officer saw pistol in defendant's pocket. Probable cause existed, even though defendant was not prosecuted for assault.
Second Amendment claim (probable cause for arrest based upon possession of firearm, where officer has no knowledge as to whether or not suspect has permit) was waived for failure to raise the issue in district court.
No. A08-2129 (Minn. Mar. 9, 2011).
Please see the original opinion for the court's exact language.
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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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