What’s the Difference Between a Rasmussen Hearing, a Contested Omnibus Hearing, and a Florence Hearing in Minnesota?

Real-Life Example: Case Dismissed After Attorney Sarah Gad Successfully Challenges Probable Cause

If you’ve been charged with a gross misdemeanor or felony in Minnesota, chances are your case will go through an omnibus hearing—but what that looks like can vary depending on the legal issues at play.

Terms like Rasmussen hearing, contested omnibus hearing, and Florence hearing get tossed around in court, but they all have one thing in common: they’re about challenging the State’s case—either by suppressing illegally obtained evidence or by arguing that the charges lack sufficient legal support. Attorney Sarah Gad has helped clients navigate these hearings time and time again and breaks them down in this article.

---

What Is a Contested Omnibus Hearing?

A contested omnibus hearing occurs when the defense files motions that require the judge to hear evidence or testimony before making a ruling. Common issues include:

• Whether law enforcement had probable cause to arrest or search;

• Whether there were Miranda violations;

• Whether evidence should be suppressed because your rights were violated in the process of obtaining it.

This hearing may involve:

• Testimony from officers or witnesses;

• Cross-examination by defense counsel;

• Argument from both sides on whether the State has met its burden.

✅ If your attorney wins the contested omnibus hearing and the judge grants your motion, your case will likely get thrown out.

---

What Is a Rasmussen Hearing?

A Rasmussen hearing is a type of contested omnibus hearing focused specifically on evidence suppression—usually under the Fourth, Fifth, or Sixth Amendments. It’s named after the Minnesota Supreme Court case State v. Rasmussen, 241 N.W.2d 802 (Minn. 1976), which laid out procedures for litigating constitutional challenges to evidence.

Common Rasmussen motions include:

• Motion to suppress evidence seized during an illegal search (e.g., traffic stop, home raid);

• Motion to suppress statements made in violation of Miranda or obtained through coercion;

• Motion to challenge showups, photo lineups, or eyewitness identifications.

✅The key feature of a Rasmussen hearing is that it challenges whether evidence can be used at trial due to a constitutional violation.

---

What Is a Florence Hearing?

A Florence hearing is a specific type of pretrial hearing used to test whether there is probable cause to support the charges in the complaint or indictment. It stems from State v. Florence, 239 N.W.2d 892 (Minn. 1976), which held that:

✅ “A complaint must be dismissed if the facts, taken in the light most favorable to the prosecution, do not reasonably tend to support the defendant’s guilt.”

At a Florence hearing:

• The judge does not weigh credibility or resolve factual disputes;

• The court assumes the State’s facts are true and asks: Even if all this is true, is it enough to support the charges?

• No witnesses are called—it’s decided on the written record.

Common Florence motion scenarios:

• The alleged conduct does not meet the legal definition of the charged crime;

• The facts support a lesser charge (e.g., theft vs. robbery);

• The complainant’s statements, taken at face value, still fall short of criminal behavior.

✅Florence hearings are often filed early—especially in weak or overcharged cases—as a way to force the State to prove they have enough to go forward.

---

🧾 Summary Table: Key Differences

Hearing Type	Purpose	Evidence Presented?	Outcome Can Be Dismissal?	Typical Trigger
Omnibus (Uncontested)	Set schedule / legal arguments only	No	No	Case proceeds toward trial
Contested Omnibus	Litigate factual pretrial issues	Yes	Yes (if motions granted)	Motion to suppress / dismiss / exclude
Rasmussen Hearing	Suppress evidence on constitutional grounds	Yes	Yes	4th/5th/6th Amendment violations
Florence Hearing	Challenge legal sufficiency of complaint	No	Yes	Motion to dismiss for lack of probable cause

---

Why These Hearings Matter

Pretrial litigation is where many criminal cases are won—or lost. If your attorney identifies strong constitutional issues or defects in the charging documents, these hearings can:

• Get the case dismissed entirely;

• Suppress key evidence so it can’t be used at trial;

• Increase your leverage to negotiate a better plea deal;

• Preserve issues for appeal if the case proceeds to trial.

If your case involves a search, seizure, interrogation, or shaky facts, you need a lawyer who knows how to litigate these hearings effectively.

---

Bottom Line:

Not every case goes to trial—but every serious criminal case hinges on what happens before trial. Knowing the difference between a Rasmussen hearing, contested omnibus hearing, and Florence hearing could be the key to protecting your rights and your future.

At Gad & Gad Law Offices, we aggressively litigate pretrial motions, challenge unconstitutional searches, and fight for dismissals where the State’s case falls short.

📞 If you’re facing criminal charges in Minnesota, contact us today for a free consultation. We’ll evaluate your case and explain what hearings apply—and how to win them.