CASE LAW UPDATE: Whether in a car on a highway constitutes carrying in a public place?
Defendant was charged with carrying a pistol under the influence in a public place. The trial court, Renville County District Court, dismissed the case for lack of probable cause. The trial court concluded that having a pistol located in the center console of the personal vehicle of defendant while operating on a public highway did not constitute a public place.
The Minnesota Court of Appeals reversed. The Minnesota Court of Appeals held that a motor vehicle traveling on a public highway is in a public place for purposes of the crime of carrying a pistol in a public place while under the influence of alcohol.
State v. Serbus, A19-1921, Renville County.
Minnesota Criminal Defense Lawyer Lynne Torgerson was not attorney of record in this case.