Case: State v. T.G.
Charges: Gross Misdemeanor DWI in Hennepin County
Outcome: All charges dismissed for lack of probable cause
TG was charged with Gross Misdemeanor DWI in Hennepin County, MN. Upon reviewing the body camera footage of the arrest, it we clear that the arresting officer was overzealous and unnecessarily aggressive. The officer placed TG under arrest almost immediately after he began speaking to TG. It appeared to be a clear violation of TG’s 4th Amendment right to be free of unreasonable searches and seizure.
When an officer places someone under arrest, they must have probable cause to believe the person is involved in some criminal activity.  An officer cannot simply make an arrest and then investigate the situation after the fact. If a judge finds that an officer made an arrested without first establishing probable cause, all the evidence that was discovered as a result of the arrest is “fruit of the poisonous tree” and must be suppressed. In this case, after a contested evidentiary hearing (omnibus hearing) the judge agreed that TG was placed under arrest in violation of his 4th Amendment rights when the officer placed him under arrest without the required probable cause.
As a result, all charges against my client were dismissed.