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Tatum O’Brien

Expungement under Minnesota and North Dakota Law

In 2015, new expungement laws came into effect under Minnesota law. Under Minn. Stat § 609A.03, an individual with a criminal record can see expungement if he or she petitions the court. The court may expunge misdemeanors and petty misdemeanors […]

Tatum O’Brien

Civil Asset Forfeiture in North Dakota

Can law enforcement take your personal property, sell it, and keep the proceeds? Under current North Dakota law, if law enforcement believes the property was used in a crime, this is legal. Regardless of whether a person is convicted of […]

Tatum O’Brien

Suspicionless Searches of Unsupervised Probationers Unconstitutional in North Dakota

In State v. Ballard, 2016 ND 8, the defendant, Jeremy Ballard was on unsupervised probation as a result of pleading guilty to two misdemeanor drug crimes. A few months later, a deputy sheriff saw Ballard driving a vehicle with two […]

Tatum O’Brien

Marsy’s law: What is it, and what does it mean for North Dakota?

Marsy’s Law is not a law at all, but is actually part of the North Dakota Constitution as of December 8, 2016. North Dakota’s voters approved a new constitutional amendment about victims’ rights called Marsy’s Law. Despite opposition from attorneys, […]

Tatum O’Brien

NDSU Limited Campus Police Jurisdiction: What it Means

For many years the North Dakota State University Campus Police and the Fargo Police Department operated under a Memorandum of Understanding, which essentially granted NDSU Police to patrol and make arrests anywhere within the City of Fargo. Several universities and […]

Tatum O’Brien

ND Drunk Driving/Refusal Case to be Reviewed by U.S. Supreme Court

Despite the 2013 U.S. Supreme Court decision upholding Missouri v. McNeely and essentially protecting operating while intoxicated (OWI) defendants nationwide from being forced to take blood tests without their consent unless police have a warrant, 13 states, including North Dakota and Minnesota, have made it a crime to refuse to take such a test. The United State’s Supreme Court has agreed to hear cases on whether it is a constitutional violation to criminalize refusal to submit to warrantless blood tests. The two leading cases include Birchfield v. North Dakota and Bernard v. Minnesota.