The federal government can’t use “circumstantial evidence” to permanently confiscate nearly $70,000 in cash, a federal appeals court ruled on Wednesday. “While it may be dubious to drive around with a large amount of cash in one’s car,” Judge Julius Richardson wrote for the Fourth Circuit U.S. Court of Appeals, “it does not create an inescapable inference of criminal activity. Not using a bank does not necessarily make one a criminal.”

Continue reading “Federal Court Upholds The Right To Carry Cash” →

Sioux Falls Police Chief Jon Thum did not mince words when describing the city’s fifth shooting involving an officer in less than five months, an unprecedented surge.

”These people are trying to kill our officers,” Thum said, “and that is something we are obviously very concerned about.”

Thum made a rare appearance at the city’s daily police briefing on Wednesday and partnered with Minnehaha County Sheriff Mike Milstead to answer over 25 minutes of questions from reporters about a Tuesday incident in which a man pulled a gun and shot at an officer, who immediately fired back and killed him.

Continue reading “Police chief, sheriff say violent crime spike has many reasons” →

With the annual Sturgis Rally ready to kick off in the Black Hills of South Dakota, the Native American advocacy organization Native Hope is raising awareness of human trafficking at the rally, especially among Native women.

“Human trafficking of young Native American girls is a real issue here in South Dakota. Our goal is to help raise awareness, as well as to fund programs that offer girls the support they desperately need,” said Native Hope Director Julie Muldoon in 2016.

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Grand juries play a major role in the U.S. criminal justice system. And they’re very much in the news these days.

A grand jury in Fulton County, Georgia, is looking into former President Donald Trump’s efforts to overturn the 2020 presidential election results in that state. Among the latest witnesses to give testimony to the grand jury was Georgia Gov. Brian Kemp.

In Washington, D.C., the U.S. Justice Department is in the middle of an investigation into efforts to overturn the 2020 election, and it is questioning witnesses before a grand jury as well. Most recently, two top aides to former Vice President Mike Pence were questioned in that probe.

Continue reading “How Grand Juries Work” →

Federal and state justice department officials said they are committed to supporting victims of hate crimes.

The Oregon Criminal Justice Commission’s third annual report reviewing the state’s recent bias crime and non-criminal bias incident reporting data illustrates a key concern, according to the Oregon Department of Justice.

The report noted that calls to the Oregon Department of Justice Bias Response Hotline increased by 53% from 2020 to 2021.

The U.S. Attorney’s Office for the District of Oregon and the FBI Portland Field Office officials state in a release that they “commend individuals who have courageously come forward to report hate-related incidents and activity.”

Continue reading “Hate Crimes: Federal, state agencies encourage community reporting” →

A U.S. Supreme Court ruling expanding state authority to prosecute some crimes on Native American land is fracturing decades of law built around the hard-fought principle that tribes have the right to govern themselves on their own territory, legal experts say.

The Wednesday ruling is a marked departure from federal Indian law and veers from the push to increase tribes’ ability to prosecute all crimes on reservations — regardless of who is involved. It also cast tribes as part of states, rather than the sovereign nations they are, infuriating many across Indian Country.

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The 24/7 Sobriety program, pioneered by former South Dakota Attorney General Larry Long, requires offenders to submit to twice-a-day breathalyzer tests or remote monitoring as a condition of pre-trial bond or sentencing agreement. Failure to remain sober means the participant is sent to jail, a no-nonsense doctrine that has coincided with a decrease in DUI and other alcohol-related offenses, according to independent studies.

“That’s why it works,” Long said of 24/7 Sobriety, which is used in South Dakota, North Dakota and Montana and is in place in four other states as pilot programs. “These people know that if they show up and blow hot, they’re going to jail.”

Continue reading “South Dakota’s 24/7 Sobriety program could be rolled out nationwide” →

Although the US Supreme Court decision June 21 in United States v. Taylor wasn’t one of the court’s “blockbusters,” it nevertheless was an impactful case in the area of federal criminal law.

The court, in a 7-2 decision, held that attempted Hobbs Act robbery—essentially, the federal robbery statute—can no longer qualify as a “crime of violence” for purposes of certain mandatory minimum sentencing enhancements.

Continue reading “US Supreme Court Clarifies ‘Crimes of Violence’” →

United States Attorney Alison J. Ramsdell has announced a new senior management team to lead the District’s enforcement mission. “The mission of the United States Attorney’s Office for the District of South Dakota is today as it always has been—to impartially enforce and uphold the laws of the United States with the central goal of enhancing safety in our communities. That work will continue under the experienced leadership of our senior management team. Each of these individuals has dedicated their career to the pursuit of justice and bring to bear a tremendous amount of wisdom and integrity in support of the District’s mission.”

Continue reading “US Attorney for South Dakota Selects Leadership Team” →

The mayor of the state’s largest city says rapid growth requires strategic investments.

Mayor Paul TenHaken’s capital program proposal calls for highway and street funding to increase by nearly $50 million over the next five years. That’s a 20% increase over the previous capital plan.

The proposal also creates a “renewed emphasis” on kids and families. TenHaken says cultural and recreation investments support wellness and public safety.

Continue reading “Sioux Falls Mayor Paul TenHaken on ensuring everyone can have a ‘good life’ in the state’s largest city” →