Tag Archives: 4th amendment

A plaque dedicating the parking meter to Howard Henry that was donated from the city of Minot. The parking meter represents Henry's fight to get the meters banned from North Dakota. (Jesse Trelstad/Grand Forks Herald)

With the Courts Making Parking Enforcement More Complicated North Dakota Needs to Legalize Meters

With the Courts Making Parking Enforcement More Complicated North Dakota Needs to Legalize Meters

A Michigan woman by the name of Alison Taylor, fed up with getting parking tickets, decided to make a federal case out of it. Literally. She objected to the chalking of her tires by law enforcement. This is a common practice for parking law enforcers. They put a chalk mark on your tire in order to

State Rep. Luke Simons Dickinson Press photo

Shouldn’t the Cops Need a Warrant, or at Least Probable Cause, to Come on Your Land?

As it was originally written, HB1290 introduced by Rep. Luke Simons (R-Dickinson) would have prohibited law enforcement from entering any person’s private land without permission unless they have a warrant, probable cause, or if the entry is justified by an emergent situation. Here’s the language it would have added to the North Dakota Century Code:

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

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

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