Category Archives: Forfeiture

E.D.Wash.: No REP in an ISP’s mere subscriber records

There is no reasonable expectation of privacy in an ISP’s mere subscriber records. “The Government points out that it received Defendant’s name, address and telephone number as the subscriber of the subject IP address, but did not request or receive … Continue reading

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E.D.Wis.: Citing forfeiture seizure statute in SW application and warrant doesn’t require forfeiture, too

The government sought a search warrant under Rule 41 and also cited the forfeiture seizure statute, 18 U.S.C. § 983. Failure to seek forfeiture doesn’t void the search. United States v. Palma, 2021 U.S. Dist. LEXIS 137870 (E.D.Wis. May 27, … Continue reading

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The Crime Report: How Civil Asset Forfeiture Turns Authorities into ‘Bounty Hunters’

The Crime Report: How Civil Asset Forfeiture Turns Authorities into ‘Bounty Hunters’ by Eva Herscowitz (“Civil asset forfeiture gives police officers the right to seize cash, cars and homes from people who haven’t been convicted of a crime, which is … Continue reading

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LATimes: FBI wants to keep fortune in cash, gold, jewels from Beverly Hills raid. Is it abuse of power?

LATimes: FBI wants to keep fortune in cash, gold, jewels from Beverly Hills raid. Is it abuse of power? by Michael Finnegan (“When FBI agents asked for permission to rip hundreds of safe deposit boxes from the walls of a … Continue reading

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W.D.N.Y.: Calling def to scene of SW execution does not permit search of def’s phone in SW for house

Defendant came to meet the police at their request after talking to them on his cell phone. They had probable cause to believe that the phone had evidence on it. Since he came in without the phone on him, it … Continue reading

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Reason: After the Cops Seized Her Car, the Government Waited Five Years Before Giving Her a Chance To Get It Back

Reason: After the Cops Seized Her Car, the Government Waited Five Years Before Giving Her a Chance To Get It Back by Jacob Sullum (“In Massachusetts, Malinda Harris argues, civil asset forfeiture routinely violates the right to due process.”)

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Reason: Civil Forfeiture Does Not Seem To Reduce Drug Use or Help Fight Crime

Reason: Civil Forfeiture Does Not Seem To Reduce Drug Use or Help Fight Crime by Jacob Sullen (“A new study provides further evidence that property seizures are driven by financial motives rather than public safety concerns.”) Contingent fee law enforcement?

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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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