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MN: Frisk for ID was permissible where defendant refused to ID himself

By John Wesley Hall, Jr.

Defendant tried to enter a club with a cocked loaded gun that club security relieved him of. Police were called. When defendant did not identify himself, it was permissible for the police to frisk him for his ID. State v. Hollins, 2010 Minn. App. LEXIS 149 (October 5, 2010). “In sum, we conclude that Allen had a subjective expectation of privacy in his cell-phone conversation with Golie and that our society is willing to recognize that expectation as reasonable. Accordingly, Golie's recording of the conversation at the behest of law enforcement constituted a search under Article II, Sections 10 and 11 of the Montana Constitution.” Thus, two party consent is required under the state constitution. State v. Allen, 2010 MT 214, 2010 Mont...continue to full post

Full post as published by Fourth Amendment on October 13, 2010 (boomark / email).