Tag Archives: civil asset forfeiture

Lawmakers Should Keep Supreme Court Ruling in Mind While Considering Civil Asset Forfeiture Bill

Lawmakers Should Keep Supreme Court Ruling in Mind While Considering Civil Asset Forfeiture Bill

HB1286, introduced by Rep. Rick Becker (R-Bismarck), would require a conviction before law enforcement can forfeit (read: keep) property or cash seized during a criminal proceeding. It would also put in place some reporting requirements for forfeitures conducted in the state. The bill did well in the House Judiciary Committee, emerging with an 11-3 “do

Plain Talk: A Prosecutor and a Defense Attorney Debate North Dakota’s Civil Asset Forfeiture Laws

On this episode of Plain Talk, civil asset forfeiture has been a hot topic in Bismarck. Proposed legislation would creating new reporting requirements for how law enforcement uses the procedure, and it would also require a conviction for a crime before any assets are forfeited. McLean County State’s Attorney Ladd Erickson and Fargo-based defense attorney

Ladd Erickson: Law Enforcement Shouldn’t Need a Conviction to Exercise Civil Asset Forfeiture

This guest post was submitted by McLean County State’s Attorney Ladd Erickson. To Rob, the broader media, and to Bismarck Representative Rick Becker, a criminal conviction as a precondition to asset forfeitures is a commonsense requirement. For prosecutors and police officers, that same precondition in HB1286 is unworkable. To my team, we have to charge

How Is ‘Hey Cops Don’t Take Our Stuff Without a Conviction’ a Controversial Proposal?

According to this article from Bismarck Tribune reporter Jack Dura, law makers and law enforcement are looking for compromise on Rep. Rick Becker’s (R-Bismarck) HB1286. That legislation would reform civil asset forfeiture laws, putting in place new reporting requirements (we have no idea how much money law enforcement agencies across the state are making off

Plain Talk: Burgum Says Those Ranking Other Priorities Above Roosevelt Library Are Presenting a “False Choice”

On this episode of Plain Talk, Governor Doug Burgum defended his push for $50 million in funding for a Theodore Roosevelt Presidential Library in Medora. Asked about the argument, coming from many, which suggests the state has other priorities for that money, Burgum said it’s “understandable” since “we do have needs across the state.” But

Plain Talk Podcast: Government Shutdown, “Abortion Reversal” Bill, and Civil Asset Forfeiture With Rep. Rick Becker

On episode 3 of the Plain Talk Podcast I talked about the longest government shutdown in American history, which I blame on the bloated federal government. The states should do more, and the intransigent politicians in Washington D.C. should do less. I also comment on “abortion reversal” legislation proposed in Bismarck for the 2019 session,

North Dakota Deputy Flubs Another Big Drug Bust, but Cops Considering Keeping Seized Property Anyway

Last month I wrote about a drug case out of Stutsman County where a massive amount of seized drugs were suppressed as evidence because the traffic stop made by Deputy Matt Thom was unconstitutional. The smack down delivered to the deputy by Judge Jay Schmitz in his order suppressing the evidence was, in a word,

The State of North Dakota Should Give This #NoDAPL Protester His Truck Back

The #NoDAPL protests against the Dakota Access Pipeline were, unfortunately, an exercise in violence and political extremism. That said, that the State of North Dakota would use civil asset forfeiture laws to keep the property of a protester acquitted of charges seems an injustice, yet that seems to be exactly what’s happening to New  York

Not a Single North Dakota Senator Voted for Protections Against Civil Asset Forfeiture Today

For those of you who don’t know what civil asset forfeiture, it’s essentially a process whereby law enforcement can take property – money, cars, houses, etc. – they feel was used in a crime and keep it regardless of whether or not you’re actually convicted or even charged with anything. Law enforcement literally gets to

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