On June 11, 2015, the Anderson Law Firm was successful in having a Charge of Prohibited Person in Possession of a Firearm dismissed in Hennepin County District Court. In May 2015, a motion was held to challenge the stop, detention and subsequent warrantless search of H.S.W., and his vehicle. Following the hearing, the district court determined that although the initial stop of H.S.W.’s vehicle was lawful, that the subsequent detention of him in the squad car for a minor traffic offense was unlawful. Additionally, the district court determined that the warrantless search of H.S.W.’s vehicle was not an ‘inventory search’ as argued by the State. The district court determined that the officer’s claim that he was going to tow the vehicle was merely a pretext so that he could conduct a warrantless search. Read the decision Order.
Since the district court granted the motion, the State was left with no evidence to proceed to trial and dismissed the charge against H.S.W. The charge of Prohibited Person in Possession of a Firearm is a mandatory minimum 60-months imprisonment if convicted.
DISCLAIMER: The information contained in this article does not constitute an attorney-client relationship. Please contact attorney Kirk Anderson for an initial consultation.