Like Paul Simon’s song “50 ways to leave your lover,” there are at least fifty ways to tell a police officer that you do not consent to any searches. Make an excuse if you like: “I’m late, for a very important date.” But no excuse is necessary. You should not offer any justification for refusing a search. Be confident and politely insistent. It’s your legal right to be secure from searches and seizures by police unless they have a search warrant or an exception to the warrant requirement.
In Minnesota, a person arrested on a police officer’s suspicion of DWI has the legal right to consult a lawyer prior to responding to a request by police to consent to chemical testing. A problem often arises due to the fact that most of these situations happen in the late night or early morning hours when most people – and most lawyers – are asleep. Most people who find themselves in this unwelcome circumstance never believed they would be, and may not know a criminal lawyer or DWI defense lawyer to call.
Sometimes they call any Minnesota lawyer they can think of, even though they might not be a criminal lawyer, or DWI defense attorney. This article is intended to help that lawyer.