By April Baumgarten “I believe that I was put on admin leave to make me shut up,” said the Cass County reserve deputy who sent a censored version of a lieutenant’s nude photo to news outlets. “I think it was an example of what happens when people talk out and speak the truth.” FARGO — Amid a contentious campaign for Cass County sheriff, a reserve deputy has stepped forward to say he’s responsible for an anonymous email that shook up the race. The email sent Oct. 3 alerted local news outlets to an internal investigation into a lieutenant who used a department-issued phone to send a nu ..read more

By Bailey Hurley MAPLETON, N.D. (Valley News Live) – One legal expert and former police officer is weighing in on what’s next in the long review process of Monday’s shooting by four Fargo officers which killed a Mapleton man. The four officers have been placed on paid administrative leave as investigators from the North Dakota Bureau of Criminal Investigation continue to put together evidence of what unfolded in a quiet neighborhood Monday afternoon where officials say 35-year-old Andrew Martinez died. Officers say Martinez was suffering from a mental health crisis prior to their arrival ..read more

By Jack Dura Tribal nations sharing geography with North Dakota are watching for how the state will handle certain prosecutions after a major U.S. Supreme Court ruling impacting jurisdiction. The court ruled 5-4 in June that Oklahoma can prosecute non-Native Americans for crimes committed on tribal land when the victim is Native American, according to The Associated Press. The ruling gives states concurrent jurisdiction with the federal government for prosecuting those types of crimes. “The state’s interest in protecting crime victims includes both Indian and non-Indian victims,” Justice Brett ..read more

BISMARCK, N.D. (AP) — A former high-ranking North Dakota Highway Patrol trooper accused of sexual assault has agreed to a plea deal. Steven Johnson was charged in November with misdemeanor sexual assault after a woman accused of him of touching her inappropriately while she was sleeping during a December 2020 party. He was a regional commander at the time. His attorney, Chris Redmann, has said the charges were brought by someone with a grudge against Johnson. Johnson’s trial was set to begin Tuesday. The Bismarck Tribune reported Friday that Johnson has agreed to enter an Alford plea to a diso ..read more

Prosecutors, Police, and Defense Attorneys often talk about a “Giglio File” or a particular officer having “Giglio Issues.” The term “Giglio,” pronounced gig-leo, comes from the landmark U.S. Supreme Court cases Giglio v. United States, 405 U.S. 150 (1972) and Brady v. Maryland, 373 U.S. 83 (1963). Essentially, prosecutors and the police must disclose evidence favorable to the accused’s case. This includes information that may be used to impeach the credibility of police officers, particularly the arresting officer. This Supreme Court precedent means that officers who have lied during internal ..read more

Most DUI arrests are the product of a police traffic stop.  Police need “reasonable suspicion” of a violation to stop or detain you; even the smallest violation will allow the police to stop you.  For example, around “bar close” many officers in Bismarck, Mandan, and Fargo will stop vehicles in downtown areas for having an inoperable license plate light, making an improper turn, or not signalling 100′ prior to turning at an intersection.  These stops are known as “pre-text” stops because the officer is using the underlying minor traffic violation as a pr ..read more

If your license is suspended, all is not lost.  Most people are eligible for a work permit (aka restricted license) after 14 days of hard suspension if you’re on 24/7.  If you’re not on 24/7 you’re usually eligible for a work permit on a 1st DUI/Refusal offense within 7 years after 30 days of hard suspension.  You must apply to obtain your work permit which usually consists of $100.00 fee and some other requirements DOT may impose such as a chemical dependency evaluation and treatment.  An application has been provided to you in this packet and it is important you submit yo ..read more

North Dakota: The current state of cell phone searches in the school setting post-Riley SCHOOL OFFICIALS School searches by administrators must meet a two-part test. First, the search must be justified by reasonable suspicion at its inception. Second, the search must reasonably relate in scope to the circumstances that justified the search in the first place. New Jersey v. T.L.O., 469 U.S. 325 (1985). The two-part test requires balancing the type of item searched, the nature of the infraction, and the quality of the suspicion. A student search is justified in its inception when there are reaso ..read more