If you’ve been charged with a crime in Minnesota and you talked to police, your lawyer may mention a Rasmussen hearing. It’s one of the most important steps in many criminal cases. It’s where a judge can decide whether the State gets to use certain evidence at all.
Where the name comes from
The hearing is named for a 1965 Minnesota Supreme Court case, State ex rel. Rasmussen v. Tahash. Today, the process is part of the Minnesota Rules of Criminal Procedure.
Step one: the Rasmussen notice
In any case with a right to a jury trial, the prosecutor must tell the defense about certain kinds of evidence:
- Evidence from a search, a search and seizure, a wiretap, or other electronic eavesdropping.
- Any confession, admission, or similar statement you made.
- Any evidence found because of those statements.
- Any lineup, show-up, or other step used to identify you or someone else.
In felony and gross misdemeanor cases, this notice must be in writing and comes early in the case. The goal is to let the defense decide, at the next court date, whether to challenge the evidence. In misdemeanor cases, it can come later: by the pretrial conference, or seven days before trial if there isn’t one.
Step two: waive or demand a hearing
At the next court date in a felony or gross misdemeanor case, each side must either waive or demand a hearing. The hearing decides whether the evidence on the notice can be used at trial. If a hearing is demanded, it becomes part of what Minnesota calls the omnibus hearing.
For many people, the “statements” on that notice come from a talk with police that felt casual at the time. Before you agree to any interview, read about talking to police before you’ve been charged in Minnesota and why those early words can matter so much.
Step three: the omnibus hearing
The omnibus hearing is where a judge rules on issues before trial. The court hears motions on probable cause, evidence, discovery, and constitutional issues, among others. A few timing rules apply in felony and gross misdemeanor cases:
- It must start within 42 days of the first court appearance. If it’s combined with the second appearance, it must start within 28 days.
- It must be held in the district where the alleged offense happened.
- The judge must rule within 30 days of taking the issues under advisement.
Why raising issues early matters
The official comment to Rule 11 says that failing to raise a known issue at the omnibus hearing waives it, with a few exceptions. In plain terms, a problem with how evidence was gathered usually needs to come up at this stage. It shouldn’t be saved for trial.
What can come up about a statement
Common questions include whether you were in custody, whether you got the right warnings, and whether a custodial interview was recorded as Minnesota requires. Each one can affect whether a statement is used at trial.
The hearing can shape the whole case
The omnibus hearing can also include a pretrial conference. That’s a chance to see whether the case can be resolved before trial. When a judge rules on evidence early, both sides know where they stand.
Questions to ask your lawyer
- What’s listed on the Rasmussen notice in my case?
- Should we demand a hearing?
- When is the omnibus hearing?
Read the rule
You can read Rule 11 of the Minnesota Rules of Criminal Procedure on the Revisor’s website.
The bottom line
A Rasmussen hearing is where many cases turn. If the State has a statement or evidence from a search, this is the stage where its use can be challenged.