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2/14/2005 - Posted by:
Law Offices of Rodd A. Tschida
Phone: 651-303-4975
Alt. Phone: 800-542-5384
Fax: 612-724-1950
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Officer's Garage Entry Results in DWI Dismissal (Associated Press, 5/27/04)

Haase v. Cmsr. of Pub. Safety, 679 N.W.2d 743 (Minn.App.2004) (police officer's entry into driver's closing garage violates driver's fourth amendment privacy expectations, district court reversed). 

From the Associated Press, May 27, 2004:  "A Minnesotan's right to privacy extends into the garage, the Minnesota Court of Appeals ruled in a case where a police officer blocked a Farmington man's automatic garage door from closing before stepping inside to question him about impaired driving....The decision addressed constitutional issues of appropriate search and seizure and determined that a person's right to privacy extends to his garage "because it is not impliedly open to the public." 

Our success on behalf of Mr. Haase represents one of only two Court of Appeals decisions in recent years in which the Court reversed a district court ruling in favor of the Commissioner of Public Safety; the Minnesota agency responsible for prosecuting license revocations against DWI offenders. 

 
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