Category Archives: Forfeiture

Reason: ‘Hit and Run’ Blog: Inside Mississippi’s Asset Forfeiture Extortion Racket

Reason: ‘Hit and Run’ Blog: Inside Mississippi’s Asset Forfeiture Extortion Racket by C.J. Ciaramella: State narcotics police seized $4 million in cash—as well as couches, comics, and 18-wheelers—through asset forfeiture in 2015.

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WaPo: ‘The Watch’ Blog: Albuquerque concedes forfeiture was illegal, continues with illegal forfeitures

WaPo: ‘The Watch’ Blog: Albuquerque concedes forfeiture was illegal, continues with illegal forfeitures by Radley Balko:

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CATO at Liberty Blog: 84% of Americans Oppose Civil Asset Forfeiture

CATO at Liberty Blog: 84% of Americans Oppose Civil Asset Forfeiture by Emily Ekins: Eighty-four percent (84%) of Americans oppose civil asset forfeiture–police ‘taking a person’s money or property that is suspected to have been involved in a drug crime … Continue reading

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W.D.Okla.: A school district’s alleged indifference to bullying complaints stated a 4A claim

“In light of Plaintiffs’ allegations, the Court finds that Plaintiffs have alleged sufficient facts which allow the Court to draw the reasonable inference that the District maintains a policy of retaliating against parents who advocate for their children, in violation … Continue reading

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MS: A case seizure after a consent search leads to no forfeiture; no evidence of wrongdoing

Claimant was stopped, and he consented to a search producing money. The order of forfeiture is reversed. The facts, when taken as a whole, did not show by more than just suspicion that the money discovered in a driver’s vehicle … Continue reading

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AL: Forfeiture claimant failed to show standing to contest the search that led to seizure of his cash

Defendant for all appearances was visiting the house searched but not an overnight guest. At any rate, he did nothing to show standing. When asked for consent, defendant refused saying it wasn’t his place, but he took the officers inside … Continue reading

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DE: When state shows PC in forfeiture proceeding, burden shifts to def

This case involves a return of property petition and the state sought forfeiture. The probable cause standard for forfeiture is essentially the same at that applied in Fourth Amendment search and seizure cases. Thus, the State is required to prove … Continue reading

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SF Chronicle: Op-ed: First they take your stuff, then you get to ask for it back

SF Chronicle: Op-ed: First they take your stuff, then you get to ask for it back by Debra J. Saunders:

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D.Nev.: Prior drug arrest, nervousness and driving from CA to MN not reasonable suspicion

“The government argues that three articulable factors support a finding that Detective Schaffner had reasonable suspicion to prolong the stop. First, the government points to the fact that Garcia’s records check revealed two narcotics-related arrests in the past year. Second, … Continue reading

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CA2: Exclusionary rule applies to civil forfeiture cases and govt’s civil discovery

In a forfeiture action against a NYC office building and several other buildings because one of the corporate owners was a front for the Iranian government, the Second Circuit held that “The Fourth Amendment’s exclusionary rule applies in civil forfeiture … Continue reading

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