Minnesota Criminal Defense Law Blog

A former Minneapolis police officer is facing serious criminal charges in both Hennepin and Anoka counties after being accused of soliciting underage girls to engage in sexual conduct. Prosecutors say that he met the girls on a social networking site.

According to Hennepin County prosecutors, the officer went online posing as a younger man. He then sent pictures of his private parts to two girls, who were ages 11 and 14. He initially just chatted with the girls online, but after sending the pictures he asked them to meet with him in person.

In our last couple posts, we’ve been discussing the recent U.S. Supreme Court Decision, Missouri v. McNeely, which ruled that search warrants are required before police may take blood samples from DWI suspects. The ruling did say that exceptions can apply in cases where the blood alcohol level dissipate due to the time require in obtaining a warrant, but such exceptions are to be made on a case-by-case basis rather than categorically.

Thousands of DWI cases in Minnesota could be affected by the decision. Currently, more than 20 percent of DWI cases in Minnesota make uses of blood tests—80 percent of arrests are made after a breathalyzer test. The State Patrol has said that the decision will only affect involuntary blood tests, and the Minneapolis city attorney’s office, which deals with over 1,000 DWI cases yearly, says that the case has narrow applicability and will have “no automatic effect on any existing case.” 

Under Minnesota law, it is illegal for a suspected drunk driver to refuse a blood alcohol test, and when the situation demands it, police are able to take blood samples without a court order, such as in cases involving serious injury or death. The Minnesota Supreme Court recently ruled in two separate cases that the practice is permissible due to the risk that blood alcohol levels could dissipate before a warrant is obtained in DWI cases.

But a recent U.S. Supreme Court decision, Missouri v. McNeely, could impact current practices in Minnesota. In a 5-4 decision, the court said that involuntary blood draws are a "search" with respect to the Fourth Amendment, and therefore a warrant is generally required before taking such blood draws.

Minnesota legislators have taken steps to reduce human trafficking in the region, including passing funding to protect the state's young victims. Legislation passed in 2011 helped decriminalize sex trafficking for the victims of sex rings, some of whom are as young as 13. Juveniles under the age of 16 are not penalized for their involvement in the sex rings, which is largely involuntary. Now, they are treated as victims who can receive state-funded services.

Funding for that bill, known as the "Safe Harbor for Sexually Exploited Youth Act," is up for renewal within the state legislature. Proponents of the measure say it could continue to protect victims of sex trafficking rings that persist today. In fact, a group of five adults was recently charged in connection with a trafficking operation that allegedly preyed on mentally challenged and otherwise vulnerable women and children. That endeavor lasted for two years before investigators discovered the operation, which reportedly utilized ads on adult-themed Web sites to traffic victims throughout the state.