How to win an appeal of a criminal conviction with the 4th amendment: A Minnesota Appeals Attorney Explains

Appeals

Dec 19

If you are a defendant in a criminal case, much focus from everybody goes to winning or losing the trial. Some people think that’s all that matters. But those people are wrong. Because you can be as guilty as the day as long, but there are circumstances where the police’s violation of your fourth amendment rights can not only suppress evidence, but get the case dismissed. The fourth amendment cover your rights around searches and seizures. If your trial attorney made a 4th amendment motion and you lost the motion, is that the end of it? Not necessarily. You can appeal that decision if you believe the judge got it wrong. Even if you wen to trial after losing the 4th amendment motion, as long as you are able to file your appeal within the deadlines after sentencing, you can still challenge that 4th amendment violation if it was raised in the district court.

State v. Trevino: The district courts denial of the defendant’s motion

State v. Trevino is a recent court of appeals decision that highlights how you can win on appeal with a 4th amendment violation. The trial judge denied the Defenses motion on the 4th amendment. The judge cited many reasons including that the car that was searched was parked in the driveway of a known drug house, the defendant was acting very nervous and started profusely sweating, and the defendant had a pipe in his pocket. The trial judge said that all of those facts together was enough for probable cause to search the car.

The Court of Appeals determines there was a 4th amendment violation

The Court of Appeals disagreed. They cited many court cases saying that nervousness isn’t enough including State v. Burbach. The Court of Appeals also cited many cases saying a high crime area wasn’t enough, to counter the trial judge’s use of the car being parked outside of a known drug house as a factor. The heaviest blow from the Court of Appeals was when it said, “The circumstances identified by the district court are not just weak in isolation but also weak in the aggregate.” The Court of Appeals reversed the conviction.

Conclusion

If you or a loved one believe the trial judge did not correctly decide your 4th amendment motion, you should contact a skilled appeals attorney. It’s important for you to act fast because generally the deadline to appeal felony and gross misdemeanor cases is 90 days; and 30 days for misdemeanors. Contact Jack Rice Defense if you want to appeal your case. (651) 447-7650