Category Archives: Forfeiture

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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VOA: Customs Agency Cash Seizures at Airports Cost Travelers Millions

VOA: Customs Agency Cash Seizures at Airports Cost Travelers Millions by Masood Farivar: A little-known U.S. anti-money laundering law is costing international travelers millions of dollars a year, raising concerns of civil liberties’ advocates that many innocent people are unwittingly … Continue reading

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Reason: The FBI Hopes These Cute Puppies Will Distract You From Unconstitutional Civil Asset Forfeitures

Reason: The FBI Hopes These Cute Puppies Will Distract You From Unconstitutional Civil Asset Forfeitures by Scott Shackford: Surrender the Fifth Amendment or the dog dies.

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TechDirt: Data From Court Documents Shows Texas Law Enforcement Playing Small-Ball Forfeiture, Not Doing Much To Stop Drug Trafficking

TechDirt: Data From Court Documents Shows Texas Law Enforcement Playing Small-Ball Forfeiture, Not Doing Much To Stop Drug Trafficking by Tim Cushing: Small seizures work out best for law enforcement. The cost of fighting the forfeiture usually outpaces the value … Continue reading

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CA9: Overbreadth as to one category in SW moot by fact documents were included in another

In a complex tax avoidance scheme, the IRS obtained search warrant was overbroad as to one category of things to be seized in ¶ u but it was mooted by the fact that items arguably seized under that category were … Continue reading

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M.D.Ala.: “Motions to suppress evidence are appropriate in civil forfeiture proceedings …”

“Motions to suppress evidence are appropriate in civil forfeiture proceedings because the seizure and subsequent civil forfeiture of assets implicates the Fourth Amendment. Plymouth Sedan v. Pennsylvania, 380 U.S. 693, 702 (1965) (holding that the Fourth Amendment is applicable to … Continue reading

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E.D.Tenn.: Confronting possible trespassers in a house and asking for IDs was reasonable

The officer here confronted trespassers which he suspected might be squatters and drug users. “The Court finds that the officer’s questions and actions were reasonably related to learning the identities of the people on the property, learning whether they were … Continue reading

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SCOTUS: The excessive fines clause of the 8A applies to the states via 14A as to in rem forfeitures

Timbs v. Indiana, 2019 U.S. LEXIS 1350 (Feb. 20, 2019). Syllabus:

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Reason.com: How the Feds Are Using Civil Asset Forfeiture to Threaten Free Speech

Reason.com: How the Feds Are Using Civil Asset Forfeiture to Threaten Free Speech by Elizabeth Nolan Brown: Sex, publishing, and quasi-legal theft collide in the Backpage prosecution. Prosecutors are ignoring the Constitution and legal precedent in their zeal to punish … Continue reading

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OH9: Inadequate findings on officer safety patdown requires remand

The trial court’s findings of an alleged officer safety justification for his patdown are inadequate for the court of appeals to decide whether the state justified the patdown. Remanded for more findings. State v. Murphy, 2019-Ohio-515, 2019 Ohio App. LEXIS … Continue reading

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IN: Seizure of only cash under SW for drugs and cash from drug sales was unreasonable and without PC

When police had a search warrant for a package that included cash for drug purposes in the particular description, the seizure of only cash wasn’t justified. Nothing showed that the money was related to crime. Hodges v. State, 2018 Ind. … Continue reading

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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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