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:…
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…
John Andrist: Are Privacy Protections Good or Annoying?
We are very much obsessed these days with things like security, secrecy, and privacy. All three of them are getting more elusive. That may not be good, but perhaps it’s also not all bad. Ponder with me for a moment what our world would be like with no privacy for you and me and no…
Congressman Kevin Cramer Says His ISP Won’t Turn Over This Internet History
Earlier this week I posted audio of Congressman Kevin Cramer, in responding to a caller on the Jay Thomas Show on 970 WDAY in Fargo, saying that he’d be happy to turn over his browser history. “I have one question, just a yes or a no, would you be willing to release your internet history?”…
Kevin Cramer: Privacy Must Be Balanced With Safety
Libertarian U.S. House Candidate Jack Seaman has made a number of false claims about my record, claiming I’ve voted to “expand our government’s surveillance of U.S. citizens” and “in favor of indefinite detention of U.S. citizens.” The fact of the matter is, my record is exactly the opposite. While I wasn’t serving in Congress in…
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…
Now Legal In North Dakota: Armed Drones
Over the 2013 and 2015 Legislative sessions here in North Dakota we had a debate about the use of drones by law enforcement. Specifically, whether or not cops should have to get warrants to use drones to spy on citizens. Ultimately the proponents of the legislation won over the objections of law enforcement and economic…
John Andrist: Privacy, A Thing Of The Past
With the prospect that we may have to sort through as many as 20 potential candidates for president, you no doubt will be happy to know I will not be one of them. But the field is pretty impressive. I’ve only been able to eliminate a few of them One for certain will be my…
Matt Evans: It's 2014, And No-Knock Raids Are Still Here
“As long as the police carries out the will of the leadership, it is acting legally.” — Werner Best, director of Legal Affairs, German Secret Police, ca. 1936 A No-Knock raid is when a police force breaks into a home or business without first announcing themselves. They simply break down the door and enter the…