Legal Question in DUI Law in North Dakota

Is not the seizure of property unconstitutional for criminal law? Specifically, the seizure of license plates under North Dakota law for a DUI offense - plates are personal property.

Asked on 3/12/10, 10:26 pm

1 Answer from Attorneys

Ross Brandborg Brandborg Law, PC

Police seize property all the time in criminal investigations, and its not unconstitutional. Specifically with the law you are referring, there is a statue enacted by the ND legislature to to allow for the seizure of license plates. There isn't much more to tell you other than they can take the plates and they will. These statutes have been challenged in higher courts and it is always upheld.

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Answered on 3/18/10, 9:57 pm

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