Serious constitutional questions may not be the only headache North Dakota cities face as they, enabled by state legislation passed in Bismarck earlier this year, raise traffic fines above state levels. The City of Fargo, for instance, is one of a few communities in our state which has chosen to take advantage of the change…
Plain Talk: Defense Attorney Says a North Dakota Drug Testing Law Is Unconstitutional
The state Legislature requires some drug defendants to be drug tested while out on bail and awaiting trial, but this requirement has become a real problem. Defense attorney Mark Friese of the Vogel Law Firm spoke about it on this episode of Plain Talk. Some defendants can’t afford the testing, Friese said, and end up…
Guest Post: Letting Cities Charge More for Traffic Tickets Would Be Unconstitutional
This guest post was submitted by Fargo-based attorney Mark Friese. Senate Bill 2304 would allow cities to impose traffic fines which exceed state law limits by one hundred percent. Observers and commentators have rightfully criticized this proposal as “policing for a profit.” But even more offensive, the proposal would subject cities to lawsuits, and motorists…
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…
Legislation Introduced to Deny Reserve Law Enforcement Officers Power to Arrest, Carry a Gun
Earlier this month Fargo defense attorney Mark Friese wrote a guest post here on SAB regarding the use of reserve officers by North Dakota law enforcement agencies. “To the surprise of many, including me—a formerly licensed police officer and lawyer—North Dakota law exempts ‘reserve officers’ from licensing, oversight, training, and regulation,” he wrote. “Even more…
Mark Friese: North Dakota Law Enforcement Agencies Routinely Use Unlicensed, Unregulated Officers and the Legislature Must Stop It
This guest post was submitted by Mark Friese, a former licensed police officer and currently a Fargo-based attorney working in criminal defense. You look in the mirror and see emergency lights. You immediately pull to the right and stop. A deputy sheriff gets out of the fully marked official vehicle, wearing a uniform, badge, and…
Attorney Says Plain Reading of Recreational Marijuana Measure Means It Legalizes Driving While Stoned
Mark Friese is a defense attorney with the Vogel Law Firm in Fargo. He supports decriminalizing marijuana for recreational use. He also says he’s “more than likely” to vote for the ballot measure to make recreational marijuana legal in North Dakota in November (it will be Measure 3 on the ballot). But when two law…
Podcast: Boycotting the NFL, Mining in Minnesota, and Recreational Marijuana
On today’s radio show I was joined by Isaac Orr from the Center of the American Experiment, a Minnesota-based think tank. Orr talked about the importance of mining in Minnesota, particularly tapping into reserves of platinum family minerals like nickel and copper in the state’s Iron Range. Also Fargo Attorney Mark Friese talks about problems…
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…
Defense Attorney: Tax Commissioner Paid Higher Than Normal Level of Fines
Any time a public official is involved in a criminal action before the courts, and gets a plea deal, it’s natural to wonder if there was any special treatment involved. Today Tax Commissioner Ryan Rauschenberger pleaded guilty to charges stemming from an arrest for driving under the influence of alcohol last month, and I’m sure…