In April, the US Supreme Court heard arguments in Minnesota’s State v. Bernard , which raises the question of whether it is constitutional to criminalize exercising one’s fundamental right to be free of warrantless searches. The question is, when pulled over for alleged DWI, can you be jailed (for up to seven years!) for refusing a breath test (a search) even though the officer doesn’t have a warrant to search you? An expert panel recently convened to discuss implications of the Supreme Court findings.
I wrote a brief on behalf of the Minnesota Society for Criminal Justice (MSCJ) and the Minnesota Association of Criminal Defense Lawyers (MACDL). You can read my brief here. 
The arguments were covered locally in the Star Tribune and MinnPost and nationally in Slate.com, USA Today, and other places.
Shortly after arguments, the Minnesota State Bar hosted a panel of DWI experts, moderated by me, to explain the developments. You can read the whole article from “Minnesota Lawyer” on the status of the law as discussed by the panel here: MINNESOTA LAWYER 2016
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