Tag Archives: Ladd Erickson

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

Ladd Erickson: Social Media and the Human Race: A DAPL Protest Postscript

This guest post was submitted by McLean County State’s Attorney Ladd Erickson. Oil pipeline protests are a possibility in Minnesota and South Dakota this summer.  I helped Morton County prosecute DAPL cases and thought better about posting about it at the time.   I no longer have that constraint, and will example how social media fueled

Ladd Erickson: The Criminal Informant Bill, Known as “Andrew’s Law,” Was Deeply Flawed

When the Senate Judiciary Committee took up HB1221 it had eight pages of definitions and prescriptions regarding the police use of confidential informants (CI’s). An important caveat about that committee is its chairman is Senator Kelly Armstrong, who is a working criminal defense attorney. In this instance, Sen. Armstrong stated at the hearing that he

Judge Orders #NoDAPL Defendants to Pay Their Lawyers: “You Can Get a Job and Pay These Costs Back”

Earlier this month a state prosecutor handling some of the hundreds of criminal cases resulting from the #NoDAPL protests filed a motion stating that the state would be seeking to have the activist defendants reimburse the state for their public defenders. McLean County State’s Attorney Ladd Erickson argued that the protesters weren’t really indigent, that

In Motion Prosecutor Says North Dakota Will Ask #NoDAPL Defendants to Pay for Their Own Lawyers

In a motion filed today McLean County State’s Attorney Ladd Erickson – who is working with Morton County on handling criminal cases stemming from the #NoDAPL protests – argues that the defendants in those cases ought to be paying for their own lawyers. You can read the full motion below. Here’s an excerpt where Erickson

Ladd Erickson: Marsy’s Law Is a Debate Over Public Policy Not Sad Stories

We’re already voting on Measure 3 – hopefully more no’s than yes’s – and we will soon know if “Marsy” will be part of our State Constitution. The defense attorneys, state’s attorneys, retired judges, victim advocate groups, and lately the North Dakota Fraternal Order of Police, have all been trying to educate the voters on

Trespassing Charge Against Democracy Now Activist Amy Goodman Changed to Engaging in a Riot

On Friday McLean County State’s Attorney Ladd Erickson, one of a group of prosecutors handling the overflow of cases from the Dakota Access Pipeline protests, dropped trespassing charges against Democracy Now activist Amy Goodman. Instead he filed a new charge which is Engaging in a Riot, a class B misdemeanor. Here’s the law from the

This Video of a North Dakota Deputy Getting Cursed at Is Why You Should Give Cops a Break

Over the weekend a reader sent this video to me showing a McLean County deputy pulling over a lady who didn’t seem to be interested in doing anything other than cursing the poor guy out. The stop apparently happened on the 4th of July – they reference the holiday during their discussion and you can actually