What Are the Key Differences Between Aggravated Robbery and Aggravated Burglary?
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What is Considered an Arrest in North Dakota?
North Dakota Century Code generally defines an arrest as taking a person into custody in a way that is authorized by law so they may answer for the commission of a crime. An arrest happens when the officer physically restricts or deprives a person of their freedom. Arrests are conducted by a law enforcement officer or even a private citizen if they witness a crime or have reasonable cause to believe that a felony was committed. Some of the other actions that may lead to an arrest in North Dakota may typically include the following:
- Operating a vehicle under the influence of alcohol,
- Theft
- Violation of a court order or a summon
- Disorderly conduct and indecent exposure
- Assault and posing a danger to the public
- Reckless driving
- Possession of illegal drugs for consumption or intent to traffic
North Dakota Century Code chapter 29-06 typically covers the particulars of arrest, such as the restrictions on the use of force, the persons who can make arrests, and the showing of warrants during the process.
- Custody and control: Custody refers to the state of being detained by police officers following arrest. The person is not free to move but may exercise constitutional rights, including contacting their legal representative or family.
- Legal authority: Police officers in North Dakota have a legal mandate to make arrests with or without a warrant. A warrant is an order to arrest a person so they may be presented in front of a magistrate. This typically follows the implication that they are engaged in criminal activity. Arrests may also be made without a warrant when the officer witnesses the crime being committed. An arrest may also be done without a warrant if the officer has reasonable cause to believe a felony punishable by imprisonment of more than a year has been committed.
- Miranda rights: Miranda rights are generally legal rights that are read to a person who has been arrested before they go through custody interrogation. They are designed to inform the rights of an attorney or to stay silent. If the police officer does not indicate these rights, it may mean the statements taken during interrogation are suppressed or excluded. However, it does not mean that the case will be dismissed by the judge.
- Restraint and transport: During arrest, a suspect will not be subjected to unnecessary force or more restraint than necessary. If, following the intention to arrest, the defendant flees, however, the officer may use all means at their disposal to arrest the person. Restraint may involve the use of handcuffs, especially if there is a risk that the person may flee. The police officers will then transport the accused to their department for processing.
- Booking process: The process entails processing the arrested individual into the police department's system. The officers will generally take their personal information, confiscate their items and money carried on their person, conduct a medical screening, and provide uniforms they will use during their stay before being presented to the magistrate.
Arrests in North Dakota may be implemented due to traffic violations, public order, or civil offenses. These do not usually require a warrant to implement. There is a difference between arrest and detention, though. Arrest is a formal action performed by law enforcement officers to present a person to a judicial officer to answer for charges. Detention, though, is the temporary restraining of movement by officers for interrogative purposes.
What is Unlawful Arrest in North Dakota?
Unlawful arrest in North Dakota generally happens when the process of an individual's apprehension violates their legal rights and contravenes the stipulations put on law enforcement before taking an individual into custody. The following are ways unlawful arrest may happen in North Dakota.
- Lack of probable cause: Police officers in North Dakota are required to have probable cause before they arrest an individual. Arrests without probable cause imply that the officer does not have proof that the accused was involved in the criminal activity.
- Violation of constitutional rights: Arrests made as violations of unconstitutional rights are illegal. That is when the officer apprehends a person, uses unnecessary force, or conducts searches without a warrant. If a law enforcement officer does not regard the search and seizure laws of the state or according to federal law, they may compromise their ability to utilize any evidence found against the accused.
- Arrest without a warrant: An arrest must be implemented with a warrant if the offense is not in the officer's presence or there is no probable cause at the time.
- Mistaken identity: There are scenarios where an officer may arrest the wrong person because they look like the suspect. Cases of mistaken identity are also classified as wrongful arrest. They may open the officer to litigation or internal disciplinary measures from their department.
- Racial profiling and discrimination: Racial profiling occurs when the police officer detains a person based on their race or other physical defining attributes. This is considered a hate crime, warranting dismissal of the charge provided there is sufficient evidence to prove the case.
Unlawful arrest is taken quite seriously in North Dakota. According to 29-06-06 sections of the Century Code, if the arrest of a person is considered unlawful, the magistrate will discharge the person who has been arrested. Depending on the nature of the illegal arrest, it will also negatively affect the arresting officer. Consequences may include litigation against them, internal disciplinary action, unpaid leave, termination from employment, or criminal charges being leveled against the officer.
Are Arrest Records Public in North Dakota?
According to North Dakota Century Code Title 44, Chapter 4, arrest records are open to the public provided they are not restricted under statute elements. This relates to criminal intelligence and investigative information. Some of the items that may be accessed typically include the following
- Arrestee's identity and description, including name, address, date of birth, race, gender, and physical attributes
- The charges filed following the arrest
- Name of the arresting officer
- Disposition of the warrants signed by the judge
- Date and location of the arrest
- Arresting agency
There are records, though, which may not be accessible to the public as they are considered criminal intelligence and investigative information. These may include details on juvenile offenders, ongoing criminal investigations, domestic abuse incidents, or cases involving mental health. It may be classified as part of an exempt record. That is, it is not open to the public or confidential. In this case, it may be open at the discretion of the public entity storing the records.
What are the Types of Arrest Records in North Dakota?
Arrest records in North Dakota may be stored at both the local and state levels, depending on the presiding agency that stores the information. These agencies coordinate information with each other to assist with criminal investigations. They also coordinate with the court system in the state to help the individual navigate the trial process and incarceration should they be convicted. Depending on the nature of the information stored within the repositories, some may not provide full access to all the details concerning the individual.
Where are Arrest Records Kept in North Dakota?
Different agencies in North Dakota maintain arrest records. They typically include the following:
Local police departments or the Sheriff's Office
The local sheriff's offices and police departments are the largest repositories of arrest records because individuals taken into custody are first detained in these facilities. Upon booking, their information is stored in the system; regardless of whether they post bail, the charges are dismissed or go through the trial process. The sheriff's offices and police departments also have a mechanism for processing records requests, depending on the county.
North Dakota Bureau of Criminal Investigation
The North Dakota Bureau of Criminal Investigation is a state-level agency that maintains and issues access to criminal records, including arrest records. Interested parties may access criminal records, which generally provide a comprehensive view of the person's background, by contacting them and asking about the best way to access the desired information.
North Dakota Highway Patrol
The North Dakota Highway Patrol handles traffic regulations enforcement on highways and state roads. It may not be a main repository for arrest records, but parties may contact its office if the arrest was made by its personnel or occurred on one of the state byways.
North Dakota Courts System
Individuals may access court cases or criminal records from the North Dakota Court system. These records are usually available to all parties in most cases. However, some court records contain information the party of interest does not want to be made available to the general public. These records are generally inaccessible to any party except the one in the record and their legal representative.
How To Find Public Arrest Records in North Dakota?
There are different ways of accessing copies of public arrest records within North Dakota. They typically include the following:
Local Police and Sheriff's Offices
At the local level, interested parties may contact the police department where the person is likely to have been arrested. It is advisable to contact them in advance so they can advise on the documents to provide. They may require the requester to complete a form and provide their identification, such as their driver's license or passport. Depending on the county, they will also require a fee for the arrest record. This could be delivered via mail or in person, depending on the interested party's interaction with the agency.
North Dakota Bureau of Criminal Investigation
Parties looking for criminal records may do so in person or online. For online searches, navigate to the Attorney General's page. The record check will generally require the subject's full name, date of birth, Social Security number, and current address. Complete and submit the record request form along with the fee and mail it to the Bureau of Criminal Investigation. Payment of $15 will be issued by check or money order to the ND Attorney General. Cash is not accepted. The request will probably take 7 to 10 business days to process.
North Dakota Highway Patrol
To access arrest records from the Highway Patrol, one may visit them in person. A public records request may be issued to their offices at 600 East Boulevard Avenue, Dept, 504. The records request should have the interested party's identification and connection to the party on the document. They will also require a fee for the request. If the NDHP does not have the records, they may direct the requester to the appropriate agency.
How Long Do Arrests Stay on the Record in North Dakota?
North Dakota laws mandate that even if the individual's records were sealed or expunged, it does not mean that the documents were physically destroyed. It technically means records are sealed rather than expunged. The eligibility for expunging is if the court dismissed the charges or the person was wrongfully convicted. The applicant should not have been charged with a new crime as well in the previous three years. The crimes that are eligible for expunging are possession of one ounce or less of marijuana, juvenile records, and unconstitutional arrests. However, if the person pleads guilty during the trial process, their records cannot be expunged.
How To Seal or Expunge an Arrest Record in North Dakota?
First, request criminal history information from the Bureau of Criminal Investigation. Applicants must then file a petition to expunge the arrest or criminal record from the District Court where the case was initially filed. The magistrate will consider the case and decide whether the records will be expunged or not.
