By Drew Hushka Can law enforcement order a person to unlock his or her phone or electronic device?  That question has perplexed courts for years.  Generally, a search warrant allows law enforcement to search a device without violating the Fourth Amendment.  But, as countless legal procedurals have informed the public, the Fifth Amendment grants persons…

By Matthew S. Dearth, Esq. In our previous article, we discussed lawful protest, unlawful assembly, and riot in North Dakota. Here, we examine the difference between North Dakota’s laws governing riot, and the laws of Minnesota. Unlawful Assembly in Minnesota Minnesota laws governing unlawful assembly are significantly different from North Dakota. While Minnesota also has…

By Matthew S. Dearth, Esq. The last two weeks in America have been chaotic and tumultuous, as millions of citizens rise up in protest in reaction to the death of George Floyd, and express concerns with widespread police brutality. In most major U.S. cities, protests are peaceful demonstrations. However, there have also been widespread reports…

By Criminal Defense Practice Group Doctors, lawyers, electricians, therapists, plumbers, nurses, and dozens of occupations are governed by licensing standards.  In most instances of allegations of law violations, professional licenses are not subject to adverse action unless the violation has a direct bearing on the person’s ability to serve in the specific occupation or trade. …

By: Matthew Dearth Minnesota is the Land of 10,000 Lakes, and many of those lakes are open to sport fishing and recreational boating activities. As with all outdoor activities, state and local regulations exist to ensure the health and safety of individuals, communities, and the environment. The Minnesota Department of Natural Resources (DNR) is one…

How safe are North Dakota’s roads? You may ask yourself this question as you drive to the grocery store or hit the highway on the way to your parents’ house or school activity. You may look in the mirror at your children asleep in the back seat. You know you will do everything you can…

By Mark A. Friese Fifty years ago, twenty percent of criminal cases went to trial. Estimates today show ninety to ninety-five percent of state court criminal cases are resolved through a process called “plea bargaining.” In federal criminal cases, ninety-seven percent end with a plea of guilty. These startling numbers underscore the reality: certainty in…

By Luke Heck Under both our state and federal constitutions, we have a right to be free from unreasonable searches and seizures. To be free from an unreasonable search is easy for most individuals to generally understand; law enforcement, absent an exception to this requirement, cannot search you, your house, or your personal belongings without…

Somewhere along the line, the drafting of our state’s DUI laws has become an adversarial process. We continue to make non-controversial things controversial instead of being problem solvers. A prime example of this is HB 1534, the bill that has been introduced this legislative session purported to address some alleged ambiguities to North Dakota’s current…

In November, North Dakota voters rejected Measure 3, which would have legalized the recreational use of marijuana for people 21 years of age or older. For some people, the defeat of Measure 3 was a devastating setback to reforming the state’s drug laws. For others, it was a needed pause on a movement getting out…