Tag Archives: Warrantless search

New Marijuana Law Training Update: What Every Minnesota Judge and Attorney Should Know

Dear Colleagues,

Minnesota’s marijuana laws have undergone sweeping changes—and the legal consequences for misapplying them can be severe. In our latest Martine Law Training Update (25-4), we unpack the most pressing and misunderstood issue in current search-and-seizure law:

Does the smell of marijuana alone still give officers probable cause to search a vehicle?
The Minnesota Supreme Court says no — and the Legislature has now codified that ruling into law.


This update dives into:

  1. The core holding of State v. Torgerson and how it reshapes warrantless vehicle search analysis
  2. Ten key facts from the 2023 Marijuana Reform Act
  3. How M.S. 169A.36 makes even trace THC in a vehicle a prosecutable offense—including legal hemp edibles and medical cannabis

Whether you practice criminal law, handle suppression issues, or just want to avoid costly legal missteps, this update is essential reading. Judges, prosecutors, and defense counsel alike must understand where the constitutional lines are drawn and how the marijuana reform laws interact with existing vehicle and drug statutes.

Click here for a print-ready copy of Martine Law Training Update 2025-4


NOTE: This training update is also available on the Minnesota Judicial Training and Education Website. While visiting, you can subscribe to receive notifications of new updates. Please share this training update with colleagues, clerks, or anyone who would benefit from staying current on Minnesota law and litigation strategy.


Martine Law Training Updates will continue to focus on key areas of litigation, including Criminal and Family Law, Evidence and Procedure, and Trial Advocacy. With a subscriber base approaching 3,500 attorneys, judges, and legal professionals, these updates reflect our firm’s commitment to the belief that legal education is the soul of the judiciary.


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.

CLICK ON LINK BELOW TO READ MORE

PendletonUpdate14-11