Minnesota Constitutional Defenses

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Minnesota constitutional defenses arise when a criminal law is void for violating the Minnesota Constitution. And a criminal defense attorney like Thomas Gallagher can defend people from unconstitutional laws and prosecutions.

More Rights with State Constitution: A state court has greater power to enforce your rights under the state constitution; than under the federal constitution.

So the federal constitution protects the minimum basic freedoms — a floor. But state constitutions can assert more legal protections for individuals within that state, above that federal floor.

“It is unnecessary to rest our decision on the uncertain meaning of [federal law] when the Minnesota Constitution alone provides an independent and adequate state constitutional basis on which to decide.”

State v. Hershberger, 462 NW2d 393, 396-97 (Minn. Supreme Court 1990)

And if a Minnesota Court rules based upon the Minnesota Constitution; a federal court may not reverse that ruling. And, federal precedent interpreting the United States Constitution is not binding upon Minnesota Courts interpreting the Minnesota Constitution.

So Minnesota Constitutional defenses have advantages.

Article I, Bill of Rights: Minnesota constitutional defenses

Like the U.S. Constitution, our state Constitution features a Bill of Rights, in Article 1.

And similarly, the Courts will enforce these rights. So in criminal cases, these state constitutional defenses can make the difference. Let’s mention some of our Minnesota constitutional rights, below.

Free Speech

Sec. 3. protects the liberty of the press (forever inviolate), and “all persons may freely speak…”

Jury Trial: Minnesota constitutional defenses

Sec. 4. declares “The right of trial by jury shall remain inviolate…”

No Excessive Bail; Punishment fits the crime

Sec. 5. prohibits EXCESSIVE BAIL, UNUSUAL PUNISHMENTS.

Notice; Right to Confront; Subpoena; Right to Counsel

Sec. 6. provides RIGHTS OF ACCUSED IN CRIMINAL PROSECUTIONS: “The accused shall enjoy the right to be informed of the nature and cause of the accusation, to be confronted with the witnesses against him, to have compulsory process for obtaining witnesses in his favor and to have the assistance of counsel in his defense.”

Due process; No Self-Incrimination; No Double Jeopardy; Pretrial Release

Sec. 7, includes DUE PROCESS; PROSECUTIONS; DOUBLE JEOPARDY; SELF-INCRIMINATION; BAIL: “No person shall be held to answer for a criminal offense without due process of law, and no person shall be put twice in jeopardy of punishment for the same offense, nor be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty or property without due process of law. All persons before conviction shall be bailable by sufficient sureties, except for capital offenses when the proof is evident or the presumption great.”

More on pretrial release:

Get Out of Jail After Arrest – Tips for Getting Your Loved One Out.

Free of searches; Limited Search Warrants

Article I, Sec. 10. concerns UNREASONABLE SEARCHES AND SEIZURES PROHIBITED: “The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated; and no warrant shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the person or things to be seized.” More:

Unlawful Arrest and Illegal Evidence.

Legislation Single Subject and Title

“No law shall embrace more than one subject, which shall be expressed in its title.”

Article IV, section 17

The legislative process must provide the people with due process, notice and an opportunity to be heard. When the majority party passes Bills with nothing but raw legislative power – without fair notice, with no deliberation or public participation, the government and its laws become a sham. Such power grabs undermine the legitimacy of the government and its institutions.

Right to sell home-cultivated farm or garden products

“No license required to peddle. Any person may sell or peddle the products of the farm or garden occupied and cultivated by him without obtaining a license therefor.”

Article XIII, Sec. 7

For cases on Minnesota Constitution “Products of Farm or Garden” clause:

Minnesota Constitution: Growing Cannabis After Legalization.

Freedom of Conscience

Minnesota Constitution’s freedom-of-conscience clause:

“The right of every man to worship God according to the dictates of his own conscience shall never be infringed . . . nor shall any control of or interference with the rights of conscience be permitted . . . ; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness or justify practices inconsistent with the peace or safety of the state.”

Article 1, Section 16

The State Constitution provides more protection for religious freedom than the United States Constitution. See:

Religious use of marijuana defense wins: Minnesota Rastafari.

Cases: Minnesota constitutional defenses

In an example of state constitution defenses, a Minnesota Supreme Court decision says that roadblocks were unconstitutional seizures under the Minnesota Constitution. But they were not under federal constitutional law. Ascher v. Commissioner of Public Safety, 519 N.W.2d 183 (Minn. 1994).

And another example is State of Minnesota vs. Francisco Garcia, 683 N.W.2d 294 (2004). The Minnesota Supreme Court held Minnesota Statutes §260B.130, subdivision 5 (2002), violated the Minnesota Constitution’s equal protection guarantees. It did so by denying jail credit to “extended jurisdiction juveniles” for time served in custody.

“The love of liberty is the love of others; the love of power is the love of ourselves.”

William Hazlitt, English essayist (1778 – 1830)

Question? Call Attorney Thomas Gallagher, 612 333-1500

The Minnesota Constitution is both a sword and a shield to help protect the People of Minnesota from government abuse. So attorneys, courts, and juries can all use Minnesota constitutional defenses to protect the Liberty of all.

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