Policing for Profit: North Dakota

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.

The story of Adam Bush illustrates the hazards these laws pose to property owners. In August 2013, Bush was charged with stealing a safe full of cash. A jury later found him innocent of any wrongdoing, and the state’s attorney even admitted the evidence against Bush was “highly circumstantial.” Nonetheless, county sheriffs were able to forfeit Bush’s alleged getaway car. Unfortunately, it is impossible to get a good picture of the extent of forfeitures in North Dakota because law enforcement agencies are not required to track or report their forfeitures.