Suppression Hearings known in Minnesota as Rasmussen Hearings

By Richard P. Ohlenberg, Attorney
Richfield, MN 55423
Office Phone: 952-525-2242

In addition to seeing if the parties you resolve a criminal case prior to the start of trial, other issues are decided by a judge before the start of trial. The most common types of pretrial matters that are heard before trial are issues relating to the admissibility of evidence were there to be a trial. Typically these pretrial hearings are called suppression hearings or Rasmussen hearings. A Rasmussen hearing is an evidence suppression hearing to see if the court will agree that certain evidence should be suppressed based on the Exclusionary rule. The exclusionary rule is a rule of evidence that was developed about 100 years ago. Its primary purpose is to deter police misconduct. By excluding evidence that was improperly obtained, the courts are seeking to eliminate the incentive for police officers to violate the United States Constitution when they are conducting a criminal investigation. The idea behind this rule is that if the police know they are not going to be permitted by the courts to use sketchy evidence that was improperly obtained, they will have an additional incentive to use proper and legal ways of obtaining evidence to be used at trial. It’s not enough for the police office to believe that a particular person has committed a crime, the officer and the prosecutor must put forward evidence that was properly obtained to convince the jury that the defendant is, in fact, guilty of the alleged offense. The exclusionary rule serve a vital function - maintaining judicial integrity. By excluding illegally Obtained evidence, court show that they will not be made a party to lawless invasions of constitutional rights. Obviously it is very important that the public believes and knows that any person accused of a crime will only be tried based on evidence that was properly obtained.

The way this works in practice is that a judge may decide to exclude evidence based upon a hearing that is typically held two or three months before the start of the jury trial, although sometimes it is just a couple of weeks before the start of the trial. After the hearing, the judge will decide to either let the jury hear the evidence at the upcoming trial, or he or she will exclude it from the trial, and the jury will not get to hear that piece of evidence. Typical issues that are raised at Rasmussen hearings include the following: was the stop of the motor vehicle or the seizure of the person supported by reasonable suspicion of criminal activity, and/or was the arrest supported by probable cause. Another issue that frequently comes up when the suspect was interrogated after he was placed under arrest is: whether the defendant was read his Miranda rights, and if he wasn’t read those rights why wasn’t he? Remember that the police officer only has to read the Miranda rights to the defendant when he or she has decided that the officer wants to question the person and where that person is in custody or the functional equivalent thereof. If the officer just goes up to a person on the street and starts talking to that person, but the officer is not seizing the person in any way or detaining the person, then the Miranda warnings do not have to be given. Finally, where the officer questions a person who is in custody, but does not read the Miranda warnings to the person and it is later determined by a judge the warnings should have been read, the case is not automatically dismissed. The State can still proceed with the case, but they will not be permitted to use the statement against the person since the officer violated the suspect’s right to counsel when it was determined that he should have read the person his Miranda rights.

That is a shorthand explanation of the exclusionary rule and the role that suppression hearings play in our legal system. Of course, if the reader has a question about a specific legal situation and set of facts, the reader will need to consult with an attorney to see how the general rules noted above may or may not apply to her or her case. The general rules noted above are meant to be just that: a primer on the basic rules. However, it should be noted that a more thorough analysis of a specific sets of facts should be undertaken to determine how these rules apply to your case. If you like to consult with Richard Ohlenberg about a charges that have been filed in Minnesota, you may contact Mr. Ohlenberg at his office in Richfield at 612-86 9-8829 or by email at Richard@Ohlenberglaw.com I generally return all my calls and emails within 48 hours unless I am in trial or out of the office on a vacation.

Good luck with your case!
Sincerely,
Richard P. Ohlenberg
Attorney