Category Archives: Forfeiture

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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Reason: A DEA Agent Got a Drug Dealer to Buy a Truck So the Agent Could Seize it Through Asset Forfeiture

Reason: A DEA Agent Got a Drug Dealer to Buy a Truck So the Agent Could Seize it Through Asset Forfeiture by C.J. Ciaramella: Former DEA special agent Chad Scott has been convicted of perjury, obstruction of justice, and falsifying … Continue reading

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CA2: Govt doesn’t get GFE in forfeiture search and seizure for overbreadth and particularity problem it created

In a forfeiture case initiated with a search warrant, defects in the warrant process denied the government resort to the good faith exception for failure to apprise all the officers what they were looking for and not attaching exhibits to … Continue reading

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S.D.Miss.: Govt plans to file forfeiture so motion for return of cash denied

Claimant business’s motion for return of $895k from its bank account under Rule 41(g) is denied for lack of irreparable harm, based also on the government’s representation it’s going to attempt forfeiture. “Turning to the fourth factor, the Court finds … Continue reading

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AL: Drug dog alert on cash without presence of drugs won’t support forfeiture

A drug dog alert on money without the presence of drugs cannot support a forfeiture. Martinez-Camacho v. State, 2019 Ala. Civ. App. LEXIS 102 (Aug. 2, 2019):

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WaPo: She delivered $200 worth of drugs. Police seized her $53,000 Chevrolet Tahoe.

WaPo: She delivered $200 worth of drugs. Police seized her $53,000 Chevrolet Tahoe. by Justin Jouvenal:

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ClickOrlando.com: Be careful when driving with large amounts of cash in your vehicle

ClickOrlando.com: Be careful when driving with large amounts of cash in your vehicle by Steve Montiero: Troopers may ask to see proof.

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