Tracker Pixel for Entry

Policing for Profit

News | December 20th, 2018

design by Raul Gomez

by Jacques Harvieux
jacquesthejock@gmail.com

For those unfamiliar with civil asset forfeiture, it is the process in which law enforcement officers take assets from a person. These “assets,” range from literal cash to private property such as vehicles, houses, and small possessions. In every case it is a person’s private property being taken by law enforcement.

The property is often taken based upon mere suspicion of said person’s involvement of a crime or illegal activity. What is even more frustrating for the victims of civil asset forfeiture is the person’s ability to regain their possessions after they have been taken.

An article from August 11th, in US News titled, North Dakota Case Highlights Civil Asset Forfeiture, highlights the story of New York resident Aaron Dorn.

Dorn was arrested on Thanksgiving Day in 2016 in Mandan during the Dakota Access Pipeline protest. Dorn was alleged by a state trooper to have tried to swerve and ram the officer’s car off the road. In June of this year, over two years later, Dorn was acquitted of all chargers, but getting his truck back is a whole other battle in itself.

Dorn filed civil proceedings in November 2017 for his truck, but to no avail. There still has been no success in getting his truck back. The state has essentially seized property from an innocent man and continued to hold it without cause.

Rep. Rick Becker (R) of Bismarck has formulated a bill to reform civil asset forfeiture. Becker’s bill would pass the ND House in 2017, but garnish zero votes in the Senate. He plans on proposing a bill again in 2019.

“I think the biggest issues of civil asset forfeiture being considered ‘constitutional’ are proportionality. Essentially, the government taking property that’s way in excess of value compared to maximum statutory limit of a fine. Secondly, burden of proof in due process issues, in criminal cases the prosecution has to prove the case ‘beyond a reasonable doubt.’ In civil cases to seize property they typically just need to prove ‘preponderance of the evidence.’ The problem in North Dakota is there is a burden shifting scheme, that has lowered the ‘preponderance of the evidence,’” said Mark Friese, attorney at Vogel Law Firm and co-author of Rep. Becker’s bill.

“With asset forfeitures it’s policing for profit, they divide it up, the prosecutors get a part of it, the investigating agencies get part of it, the task forces kinda split it up. It’s to the victors go the spoils type of analysis,” added Friese.

The Institute of Justice in a 2015 Survey, Policing for Profit, among all 50 states gave North Dakota an “F,” considering issues with civil asset forfeiture, Massachusetts was the only other state to receive an “F,” Minnesota by comparison received a “D+.”

The reason North Dakota ranked so bad?

“Along with Massachusetts, North Dakota has the worst civil forfeiture laws in the country, scoring an F. In North Dakota, law enforcement only needs to meet the lowest possible standard of proof—probable cause—to forfeit property. And when property has been used for illegal activity without the owner’s knowledge, the burden is on the owner to prove her innocence in order to recover it. Finally, North Dakota law enforcement agents operate under a particularly dangerous financial incentive: Agencies receive up to 100 percent of forfeiture proceeds up to $200,000. If the government’s forfeiture fund exceeds $200,000 over any two-year budget period, the excess must be deposited in the general fund—encouraging law enforcement agencies to adopt a use-it-or-lose-it mentality.”

An example of an “A” is New Mexico, which received an “A-” and was the only state to do so. The State has a higher bar to forfeit property and conviction required to seize property. Stronger protections for innocent third-party property owners. And lastly, no forfeiture proceeds go to law enforcement.

For now the residents of North Dakota and even some of those who live out-of-state (the case of Aaron Dorn) have an uphill battle to fight. Money is a powerful driving force, an element of abuse, whether based upon good intentions or simply just a failure to reform. The unintentional corruption creates the intentional.

Recently in:

By Winona LaDukewinona@winonaladuke.comIt’s been eight years since the Water Protectors were cleared off the banks of the Cannonball and Missouri Rivers. It was a bitter ending to a battle to protect the water; and for most of us…

By Sabrina Hornungsabrina@hpr1.com Rodeo is a family tradition for sisters Kate and Tera Flitton. The duo performs under the moniker Stellar Trick Riding Cowgirls. The Utah natives will be performing along with bareback riders,…

Saturday, April 19, 8 p.m. doors open at 7 p.m.Fargo Theatre, 314 N Broadway, FargoCheck out this cult classic on the big screen as a live band performs along with David Bowie’s vocals, all while basking in the Art Deco glory…

By Sabrina Hornungsabrina@hpr1.com I feel like reading a newspaper is the equivalent of listening to music on vinyl. Not only is it analog, it’s an experience. I might be a little biased, but there's something about the rustling…

By Ed Raymondfargogadfly@gmail.comA column on How Trumusklicans are trying to change historyIt took William L. Shirer a couple decades to write and then publish “The Rise and Fall of the Third Reich: A History of Nazi Germany,”…

By Rick Gionrickgion@gmail.com Holiday wine shopping shouldn’t have to be complicated. But unfortunately it can cause unneeded anxiety due to an overabundance of choices. Don’t fret my friends, we once again have you covered…

By Rick Gionrickgion@gmail.com Photos by Rick GionLiving in downtown Fargo has its perks. One of them is taking walks along Broadway and peeking into the restaurants and shops for a glimpse of what’s new. Sometimes this makes a…

Mooncats and Pert Near Sandstone play Empire TheatreBy Sabrina Hornungsabrina@hpr1.comThe MoonCats describe themselves as “Americonscious Campfire Folk.” They have a clear acoustic folk sound with a sense of whimsy — think…

By Greg Carlsongregcarlson1@gmail.com Making her feature directorial debut, Rachael Abigail Holder guides “Love, Brooklyn” to a satisfying conclusion, even if some viewers might have hoped for a different outcome for the…

By Sabrina Hornungsabrina@hpr1.comPhoto by Chad Nodland, "Artistic Freedom"On January 19, 2025, the last full day of Joe Biden’s presidency, he commuted Leonard Peltier's two consecutive life sentences to home confinement at his…

By John Showalterjohn.d.showalter@gmail.comHigh Plains Reader had the opportunity to interview two mysterious new game show hosts named Milt and Bradley Barker about an upcoming event they will be putting on at Brewhalla. What…

By Annie Prafckeannieprafcke@gmail.com AUSTIN, Texas – As a Chinese-American, connecting to my culture through food is essential, and no dish brings me back to my mother’s kitchen quite like hotdish. Yes, you heard me right –…

By Sabrina Hornungsabrina@hpr1.comNew Jamestown Brewery Serves up Local FlavorThere’s something delicious brewing out here on the prairie and it just so happens to be the newest brewery west of the Red River and east of the…

By Josette Ciceronunapologeticallyanxiousme@gmail.com What does it mean to truly live in a community —or should I say, among community? It’s a question I have been wrestling with since I moved to Fargo-Moorhead in February 2022.…

By Faye Seidlerfayeseidler@gmail.com Somewhere lost in the cultural scuffle of what it means to be transgender is that it is an absolute joy to experience the world in such a way. When you take away the societal prejudice and…

By Gilbert Kuipersgilbertkuipers@outlook.com I live in North Dakota District 24 and have been challenging the district Republicans about their understanding of climate science for years. There has been no serious response to my…