Category Archives: Forfeiture

OH6: Leaving house to do a drug deal and going back home right after is inference drugs at home

The affiant’s allegation that defendant left his house to conduct drug deals then returned there right afterward creates a reasonable inference that drugs are kept in the house. Thus, there was probable cause for the search warrant. State v. Pettaway, … Continue reading

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S.D.N.Y.: Court can’t return property under Rule 41(g) after civil forfeiture starts

Once a civil forfeiture proceeding has started, the court loses jurisdiction to consider a Rule 41(g) motion for return of property. United States v. Paulino, 2018 U.S. Dist. LEXIS 176893 (S.D. N.Y. Oct. 16, 2018). The seizure of defendant’s cell … Continue reading

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OH2: Motion for return of property after a forfeiture order is final is moot

A motion for return of property after a forfeiture order is final is moot. State v. Housley, 2018-Ohio-4140, 2018 Ohio App. LEXIS 4467 (2d Dist. Oct. 12, 2018). There was no Franks violation. Officers got permission from a child to … Continue reading

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OR: Failure to appeal order denying return of property precludes later relief

Defendant’s denial of his motion for return of property was a final appealable order, and his failure to appeal foreclosed later recovery. State v. Fenton, 294 Ore. App. 48, 2018 Ore. App. LEXIS 1091 (Sep. 13, 2018). Defense counsel made … Continue reading

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D.Ariz.: Threat to use a Taser vitiates consent

Defendant’s alleged consent at the I-19 checkpoint in Arizona was involuntary. She was on a bus that was stopped, she was seized, she could not leave the secondary checkpoint, the CBP agent followed her, “when Ms. Rodriguez hesitated or became … Continue reading

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OH11: DAs get no immunity for forfeiture of a firearm others had an interest in

Prosecutors had no absolute immunity for disposing of a firearm after defendant’s conviction when others had a legal interest in the firearm because it was an administrative function. Ownership and possession are different concepts, and forfeiture of others’ interests were … Continue reading

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N.D.Ill. Bankr.: A bankruptcy filed after seizure can defeat an attempted forfeiture

The City of Chicago seized a car for a forfeiture, and the owner filed bankruptcy. The city refused to give the car up to the bankruptcy court, and the court holds the city violated the bankruptcy stay. In re Shannon, … Continue reading

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WaPo: Police seized $10,000 of a couple’s cash. They couldn’t get it back — until they went public.

WaPo: Police seized $10,000 of a couple’s cash. They couldn’t get it back — until they went public. by Deanna Paul. They won it gambling in a casino. The police didn’t bother to check. Or care.

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CA11: Apparent consent for 5:30 am entry defeats “egregious” 4A violation for exclusion in immigration removal

Petitioner’s declaration did not make a prima facie case of an egregious violation of the Fourth Amendment to preclude evidence in his removal proceeding. The entry was at 5:30 am, but there was also evidence of consent to the entry. … Continue reading

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WaPo: She saved thousands to open a medical clinic in Nigeria. U.S. Customs took all of it at the airport.

WaPo: She saved thousands to open a medical clinic in Nigeria. U.S. Customs took all of it at the airport. by Meagan Flynn: The questioning threw her off guard. She explained she had legally earned the money and she was … Continue reading

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Montgomery Advertiser: Opinion: Policing for profit prevails at Alabama Legislature

Montgomery Advertiser: Opinion: Policing for profit prevails at Alabama Legislature by Leah Nelson and Shay Farley, Alabama Voices:

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NJ: Public defender must be served with forfeiture to enable adequate defense of criminal case

While the state did not act with malice or intentionally, it violates fundamental fairness to not serve defendant’s public defender with a courtesy copy of a forfeiture complaint so the PD can advise to stay the forfeiture so defendant doesn’t … Continue reading

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