Legal Question in Criminal Law in Minnesota

A search warrant was excuted 8 weeks ago at our residence, we were not home at the time. How long do they have to file charges, and how do we find out who/what was their probable cause?

Asked on 9/01/11, 7:02 am

3 Answers from Attorneys

Maury Beaulier612.240.8005 Minnesota Lawyers

Statutes of Limitation apply to the time period from the date an offense is committed to the date it is charged. Even for misdemeanors, this time period is often a term of three years or more.

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Answered on 9/01/11, 7:07 am
John Arechigo Arechigo & Stokka, LLP

While the law enforcement agency should have left a copy of the search warrant at your residence, that will generally not state the underlying probable cause for the warrant. In addition to the search warrant, an officer or detective has to file a supporting affidavit that states all of their reasons for believing evidence of criminal activity will be found at a particular place or on a particular person. If charges are eventually brought, you will have a right to a copy of the search warrant affidavit and will most likely want to challenge the probable cause. Remember, do not talk to law enforcement if they come back to your residence and want to talk to you about what they found. The best thing you can do is retain an attorney and notify law enforcement that you're not speaking to them without your attorney present. Feel free to contact me at 651-222-6603 if you have any other questions.

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Answered on 9/01/11, 7:35 am
Thomas C. Gallagher Gallagher Criminal Defense

Minnesota has statutes of limitation for most crimes, limiting the time a prosecutor has to file a criminal Complaint or Indictment. The shortest is three years. You might think twice about trying to find out what they claim to have giving probable cause - at least prior to being charged. If you are chgarged with a crime, that will be easy to get as part of discovery.

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Answered on 9/01/11, 11:44 am

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