Category Archives: Forfeiture

ProPublica: Police Say Seizing Property Without Trial Helps Keep Crime Down. A New Study Shows They’re Wrong.

ProPublica: Police Say Seizing Property Without Trial Helps Keep Crime Down. A New Study Shows They’re Wrong. By Ian McDougall (“Civil asset forfeiture laws, which allow police to seize property without trial, are frequently justified as tools to seize millions … Continue reading

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The Appeal: With Little Evidence, Pennsylvania State Police Seized $600,000 From Drivers

The Appeal: With Little Evidence, Pennsylvania State Police Seized $600,000 From Drivers (“An investigation by The Appeal and Spotlight PA found that troopers in three counties have taken big money from drivers, many of whom were never charged.”)

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D.N.M.: Def can seek to preclude admissions in forfeiture case from criminal case

Defendant in a criminal case will get the benefit of a motion in limine to prevent alleged admissions under the Fifth Amendment in his forfeiture case from being used against him. United States v. Mendoza, 2020 U.S. Dist. LEXIS 166898 … Continue reading

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Reason: After the DEA Robbed Her of $43,000 at an Airport, She Joined a Class Action Challenging the Agency’s Cash Grabs

Reason: After the DEA Robbed Her of $43,000 at an Airport, She Joined a Class Action Challenging the Agency’s Cash Grabs by Jacob Sullum (“The lawsuit argues that the DEA is violating the Fourth Amendment by seizing money from travelers … Continue reading

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NY1: Seizure for forfeiture fails for lack of notice to owner

The city failed in its burden of proof for seizure for forfeiture that the owner was aware. Matter of Smith v. City of New York, 2020 NY Slip Op 03600, 2020 N.Y. App. Div. LEXIS 3687 (1st Dept. June 25, … Continue reading

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Miami Herald: Feds grab $15,000 from Miami mom’s ‘quince’ savings for daughter. Now she’s fighting back

Miami Herald: Feds grab $15,000 from Miami mom’s ‘quince’ savings for daughter. Now she’s fighting back. by Jay Weaver & David Ovalle (“It would take two years for Salgado to recover her money from the DEA, which did not arrest … Continue reading

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Tennessean: Opinion: Tennessee forfeiture laws have strayed away from original civil design

Tennessean: Opinion: Tennessee forfeiture laws have strayed away from original civil design by David Seal (“Civil forfeiture in Tennessee has strayed far from its original design, sweeping up thousands of people in small-scale seizures that are just not practical for … Continue reading

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Forbes: DEA Will Return Over $82,000 Seized From Innocent Retiree

Forbes: DEA Will Return Over $82,000 Seized From Innocent Retiree by Nick Sibilla:

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Vice: Michigan Cops Seized This Woman’s Car After Her Then-Boyfriend Allegedly Picked Up a Prostitute

Vice: Michigan Cops Seized This Woman’s Car After Her Then-Boyfriend Allegedly Picked Up a Prostitute by Emma Ockerman (“She was never accused of a crime and went bankrupt paying the fines to get her car back.”)

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The Sun / Reason: Family sue TSA after man, 79, has $82K life savings he kept in tupperware box seized at airport for ‘no reason’

The Sun (UK): Family sue TSA after man, 79, has $82K life savings he kept in tupperware box seized at airport for ‘no reason’ by Fionnuala O’Leary (“A FAMILY are suing the TSA after an elderly man’s $82K life savings … Continue reading

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WaPo: The DEA seized her father’s life savings at an airport without alleging any crime occurred, lawsuit says

WaPo: The DEA seized her father’s life savings at an airport without alleging any crime occurred, lawsuit says by Justin Jouvenal (“Brown said she was never told she or her father were under suspicion of committing any crime and neither … Continue reading

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NJ: Civil forfeiture answer can’t be used against a criminal defendant under Garrity

A defendant’s answers in a civil forfeiture action cannot be introduced in a parallel criminal proceeding under the authority of Garrity v. New Jersey. Here, however, it proves to be harmless error. State v. Melendez, 2020 N.J. LEXIS 2 (Jan. … Continue reading

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D.Neb.: Handcuffing on RS to assure safety and maintain the status quo reasonable and not a de facto arrest

Handcuffing a person on reasonable suspicion just to protect the officer’s safety and maintain the status quo is not unreasonable. United States v. Mayfield, 2020 U.S. Dist. LEXIS 520 (D. Neb. Jan. 3, 2020). While the exclusionary rule can apply … Continue reading

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Reason: Missouri Cops Used Federal Loophole To Seize $2.6 Million From Drivers Who They Never Charged With Crimes

Reason: Missouri Cops Used Federal Loophole To Seize $2.6 Million From Drivers Who They Never Charged With Crimes by Zuri Davis (“St. Charles County law enforcement used shady practices to seize motorists’ assets without convictions.”)

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Fox News: Michigan county seized retiree’s home over $8 debt – now he’s fighting back in state’s top court

Fox News: Michigan county seized retiree’s home over $8 debt – now he’s fighting back in state’s top court by Andrew O’Reilly (“While Uri Rafaeli’s case, which is currently being decided in Michigan’s Supreme Court, is extreme, it is hardly … Continue reading

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Vice: These Cops Are Seizing Cash from People Who Smell Like Weed Before They Fly to California

Vice: These Cops Are Seizing Cash from People Who Smell Like Weed Before They Fly to California (“Smelling like cannabis and buying your ticket right before your flight from this Florida airport are apparently great reasons for cops to take … Continue reading

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