Tag Archives: 4th amendment

An Interstate 94 traffic stop the morning of Jan. 21, 2018, about 8 miles east of Jamestown, N.D., resulted in a Stutsman County deputy seizing 476 pounds of marijuana. Special to The Forum

Cop Stopped and Searched Motorists Because They Were Suspiciously Obeying the Law

Cop Stopped and Searched Motorists Because They Were Suspiciously Obeying the Law

Last month a North Dakota Judge ruled that nearly 500 lbs of marijuana seized during a traffic stop could not be admitted as evidence for criminal charges against the driver and his passenger because the traffic stop itself was unconstitutional. The story made headlines because, let’s face it, that’s a lot of marijuana and losing

Audio: Fargo Attorney Says Cops Access Our Cell Phone Data “Far More Frequently Than Any of Us Know”

A case currently before the United States Supreme Court questions whether law enforcement officials can access data collected from your cell phone usage without a warrant. Here in North Dakota, a Fargo-based defense attorney says state lawmakers need to pass a law requiring such a warrant. The case is Carpenter vs. USA and deals with a

North Dakota Supreme Court Chief Justice Gearld VandeWalle (right) and Justice Dale Sandstrom (left) listen to oral arguemennts Tuesday Oct. 30, 2012 in the Baker Courtroom at the Unicersity of North Dakota Law School. Grand Forks Herald file photo by John Stennes.

North Dakota Supreme Court: It’s Ok if Cops Make Errors About Facts and Law as Long as They’re “Reasonable”

Yesterday the North Dakota Supreme Court handed down decisions in two cases – State v. Phelps and State v. Hirschkorn – involving crimes based on evidenced obtained by police officers during improper traffic stops. At issue is an oddity in North Dakota law, which is that blinkers don’t have to be used when making a turn

North Dakotans Should Beware the Rise of Insta-Warrants

Earlier this week the U.S. Supreme Court struck down an odious DUI law passed by lawmakers in 2013 which criminalized the refusal of a warrantless blood test (warrantless breath tests were allowed to stand, despite a dissent from Justice Sonia Sotomayor, but that’s a subject for another post). It’s a good thing to require the

4th amendment

North Dakota Law Making Your 4th Amendment Rights Illegal Goes To The Supreme Court

If the police come to your door without a warrant and asked to search your home for stolen property you would have the right, guaranteed by the 4th amendment, to refuse them access. But what if the state Legislature passed a bill making it so that your refusal of the search was in and of

drunk driving

U.S. Supreme Court To Take Up Challenge To North Dakota Drunk Driving Law

Back in January I wrote about an opinion from the North Dakota Supreme Court which, frankly, made it illegal for citizens to exercise their 4th amendment rights when facing a drunk driving investigation. During the 2013 legislative session lawmakers passed a number of laws to address a supposed drunk driving epidemic. Among the changes was

4th amendment

ND Supreme Court: Cops Can Violate The 4th Amendment As Long As They Do So Quickly

Yesterday the North Dakota Supreme Court handed down two separate rulings related to the same incident, and it rulings have serious implications for privacy rights and the state of the 4th amendment in North Dakota. You can read the opinions in State of North Dakota v. Asbach and State of North Dakota v. Walker online. What happened

Is Your Privacy A Privilege While Driving On Public Roads?

The headline question seems like a no-brainer, right? Of course you don’t lose your privacy rights just because you’re driving on a public road. Problem is, I don’t think law enforcement and the courts see it that way. Recently the North Dakota Supreme Court upheld, in State of North Dakota vs. Birchfield, a law passed in the

drunk driving

North Dakota Supreme Court Criminalizes The 4th Amendment

The North Dakota Supreme Court today dealt a major blow to privacy rights in ruling that it’s ok to criminalize the exercise of your 4th amendment rights. Here’s what happened. During the 2013 legislative session lawmakers passed a number of laws to address a supposed drunk driving epidemic (one which was largely manufactured by the

North Dakota Law Would Get Rid Of DUI Checkpoints

DUI checkpoints, which have officers stopping all motorists in a given area in order to verify their compliance with DUI laws, have been upheld as legal by the Supreme Court in Michigan Dept. of State Police v. Sitz. SCOTUS found that the infringement upon the 4th amendment protections from unreasonable search and seizure were negligible, and trumped

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