N. D. Supreme Court destroys some electronics, returns others to family

By Andrea Johnson . . . The North Dakota Supreme Court ruled [Feb. 22] that the state can destroy convicted sex offender James Kremer’s laptop and portable hard drive, but must return his X-Box and PlayStation to his family.

Kremer, 38, of Minot, is serving 10 years in prison for child porn possession.

He had appealed North Central District Court Judge Doug Mattson’s decision ordering his electronics be destroyed. He argued that the old Xbox and PlayStation 2 were not used in his crimes and are not forfeitable property. The Supreme Court agreed and noted that Kremer will be allowed to use the internet during his probation with permission from his probation officer.

Kremer wanted any illegal files removed from the laptop and hard drive and the equipment to be returned to his mother. He argued that the laptop contains information he needs to prove his innocence in an appeal, as well as old tax records, college e-books and personal documents and photos. However, the Supreme Court ruled that laptop and hard drive were used in commission of the crime and must be destroyed.

Source

Help us reach more people by Sharing or Liking this post.

Avatar

Viewing 2 reply threads
  • Author
    Posts
    • #36339 Reply
      Avatar
      nope

      never understood why they destroy the computer itself instead of just taking the hdd out and destroying that. the computer itself don’t hold or retain any data. and the ram erases the moment they lose power. another in any computer permanently holds a user’s data other then the ssd or hdd.

      so why destroy them ?

      just like i never understood why they took a tv and vcr back then. the tv and vcr was not storing anything so why take them?

      • #37040 Reply
        Avatar
        Mark S.

        The short answer: because they can. . . . . .

    • #36344 Reply
      Avatar
      Phys Ed

      Ignorance and fear are the sources of witch hunts stretching back through all recorded history. It seems those qualities are still alive today in state judiciaries. If the witch had a black cat, the animal was hung along with the condemned witch. Today, their laws in ND will let the computer itself stand in for the cat as the Devil’s familiar. The more things change, sadly, the more they remain the same.

    • #36448 Reply
      Avatar
      V the Observant

      Did anyone else notice this concerning fact that was ignored by the judge when s/he ordered the destruction?
      “He (the accused) argued that the laptop contains information he needs to prove his innocence in an appeal”
      Effectively this judge destroyed any possibility the a potentially innocent man can prove his innocence.

      • #36728 Reply
        Avatar
        obvious answers

        Good observation and most likly exactly why the judge decided to insure it was destroyed rather then held lock up as evidence as would have been done with any other crime and object.

Viewing 2 reply threads
Reply To: N. D. Supreme Court destroys some electronics, returns others to family
We welcome a lively discussion with all view points provided that they stay on topic - keeping in mind...

  • *You must be 18 or older to comment.
  • *You must check the "I am not a robot" box and follow the recaptcha instructions.
  • *Your submission must be approved by a NARSOL moderator.
  • *Moderating decisions may be subjective.
  • *Comments arguing about political or religious preferences will be deleted.
  • *Excessively long replies will be rejected, without explanation.
  • *Be polite and courteous. This is a public forum.
  • *Do not post in ALL CAPS.
  • *Stay on topic.
  • *Do not post contact information for yourself or another person.
  • *Please enter a name that does not contain links to other websites.

  • *DO NOT POST LINKS TO OTHER WEBSITES
Your information:





<a href="" title="" rel="" target=""> <blockquote cite=""> <code> <pre class=""> <em> <strong> <del datetime="" cite=""> <ins datetime="" cite=""> <ul> <ol start=""> <li> <img src="" border="" alt="" height="" width="">