Monthly Archives: July 2014

CONCILIATON COURT – PROOF OF SERVICE – URBAN MYTH (14-12)

certified mail recieptCERTIFIED MAIL: Minn. R. Gen. Prac. 508(d)(1) provides that a Conciliation Court summons in excess of $2500 is to be served on the defendant “by certified mail, and proof of service must be filed with the [court] administrator.”

PROOF OF SERVICE – URBAN MYTH: Many years ago an entire generation of judges and court administrators were taught that in order for a party to establish proof of service in conciliation court cases, the serving party was required to file an affidavit of service by certified mail with the post office “return receipt” attached. (i.e. the green colored return receipt) confirming that the certified mail statement of claim and summons had been claimed. THAT IS A MYTH. THERE IS NO REQUIREMENT THAT THE GREEN RETURN RECEIPT MUST BE FILED.

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PendletonUpdate14-12

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SEARCH OF CELL PHONES – LANDMARK SUPREME COURT DECISION (14-11)

search cell phoneQUESTION: After arresting a suspect, can law enforcement search the suspect’s cell phone incident to arrest without first obtaining a search warrant?

ANSWER NO! On June 25, 2014, in a landmark decision, the United States Supreme Court in Riley v. California, 573 U.S. _______ (2014), unanimously held that the search incident to arrest exception does not extend to a cell phone and that the warrantless search of digital contents of a cell phone during an arrest is unconstitutional.

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PendletonUpdate14-11