An unlawful traffic stop can result in the suppression of all evidence collected after the stop, and without that evidence, the prosecution’s case often collapses.
Under both the U.S. Constitution and the Minnesota Constitution, a police officer must have a specific, articulable reason to believe a traffic violation or criminal activity occurred before pulling you over. At Keyser Law P.A., our Minneapolis criminal defense team challenges the legality of traffic stops in every case where a stop is central to the state’s evidence.
What Makes a Traffic Stop Illegal Under Minnesota Law
A traffic stop is a constitutional seizure, and the officer who initiated it must point to specific facts that justified the stop at the moment it occurred. A vague hunch or a mistaken belief about traffic law is not enough. Minnesota courts have held that an officer’s incorrect interpretation of a traffic rule cannot form the basis for a lawful stop, even if the officer sincerely believed the driver broke the law.
Pretextual stops are among the most common and most challengeable. These are stops where an officer uses a minor violation as an excuse to investigate something unrelated, like drugs or warrants.
How the Exclusionary Rule Works in Minnesota Criminal Cases
When a court finds that a traffic stop was unlawful, the constitutional protections built into criminal cases require that all evidence collected as a result be excluded. The types of evidence subject to suppression include:
- Field sobriety test results and chemical breath or blood tests
- Drugs or weapons found during a vehicle search
- Outstanding warrants were discovered during a records check
- Statements the driver or passengers made to officers during or after the stop
- Any additional evidence that was only discovered because of the original illegal stop
The Minnesota Supreme Court reinforced in a 2021 ruling that even questioning a passenger about unrelated matters during a routine stop can exceed the permissible scope of the stop and render the entire encounter unlawful. Our Minneapolis criminal defense lawyer files suppression motions targeting the stop itself because once the stop falls, the state’s case often falls with it.
Common Criminal Charges That Start With Traffic Stops
Traffic stops in Minneapolis lead to charges far more serious than traffic tickets. The types of criminal cases that begin with a traffic stop include:
- DWI and DUI charges are based on field sobriety tests and chemical testing conducted after the stop
- Drug possession charges occur when officers find controlled substances during a consent search or in plain view
- Weapons charges when a firearm is discovered during a pat-down or vehicle search
- Outstanding warrant arrests occur when a records check reveals an open warrant from another jurisdiction
- Driving after cancellation, revocation, or suspension charges
- Assault or fleeing police charges when the encounter escalates
Each of these charges depends on the initial stop being lawful. Our Minneapolis criminal defense attorney evaluates the stop in every case because the stop is the foundation the prosecution builds on.
How Your Defense Lawyer Challenges the Stop in Court
The defense challenges the traffic stop at a pretrial hearing, where the officer must testify about what was observed before the stop and why the stop was justified. The defense cross-examines the officer, introduces dashcam and body camera footage, and highlights inconsistencies between the officer’s report and the video.
The burden is on the state to prove the stop was lawful. Dashcam footage often shows the driver’s actual behavior, contradicting what the officer wrote. Acting quickly matters because many agencies delete footage within weeks, and the pretrial hearing process moves on a schedule that does not wait for missing evidence.
What Happens After Evidence Is Suppressed
When a judge throws out the evidence, the prosecution must proceed without it. In DWI cases, that means losing breath or blood test results. In drug cases, it means losing the drugs themselves. Without the core evidence, prosecutors frequently reduce charges, offer more favorable plea agreements, or dismiss the case entirely.
Suppression does not guarantee dismissal, but it fundamentally changes the balance of power in plea negotiations and at trial. Our criminal defense lawyer has secured dismissals by challenging the stop itself in cases where the underlying evidence appeared strong on its face.
Keyser Law P.A. Has Won Dismissals by Challenging the Stop Itself
A criminal charge that started with an unlawful traffic stop does not have to end in a conviction. At Keyser Law P.A., Christopher Keyser is a Board Certified Criminal Law Specialist, a distinction held by fewer than three percent of Minnesota attorneys, and serves as a Judge Advocate in the U.S. Army Reserve. Contact us online to discuss whether the stop in your case can be challenged.


