Petition for Review in Garcia-Mendoza Filed by Anderson Law Firm

In November 2013, in an unpublished decision the Minnesota Court of Appeals ruled that the Exclusionary Rule does not apply to civil forfeiture cases. Decision. In the opinion, the Court of Appeals held that it was not the proper venue to raise this issue because it is without authority to change the law. The Court of Appeals held that it is the role of the Minnesota Supreme Court and/or the Legislature to change the law. Well, the Minnesota Supreme Court will get its chance to address this question, if it chooses to.

The Anderson Law Firm recently filed a Petition for Discretionary Review to the Minnesota Supreme Court to review the Court of Appeals’ decision. Although this question has been addressed by several courts throughout the United States (which have held the exclusionary rules is applicable to civil forfeitures because they are quasi-criminal in nature), the Minnesota Supreme Court has never addressed this question under the Minnesota or United States Constitutions.

The Minnesota Supreme Court has up to 60 days to decide if it will accept the petition.

DISCLAIMER: The information contained in this article does not constitute an attorney-client relationship. Please contact attorney Kirk Anderson for an initial consultation.