Category Archives: Forfeiture

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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Texas refuses to follow One 1958 Plymouth and holds that the exclusionary rule doesn’t apply to civil forfeiture cases

Texas refuses to follow One 1958 Plymouth and holds that the exclusionary rule doesn’t apply to civil forfeiture cases because there is no deterrence rationale and it’s a dated case; i.e., pre-Herring. State v. One (1) 2004 Lincoln Navigator, 2016 … Continue reading

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WaPo: ‘The Watch’ Blog: New frontiers in asset forfeiture

WaPo: ‘The Watch’ Blog: New frontiers in asset forfeiture by Radley Balko: While much of the progress on criminal justice reform has stalled in recent months, there has been quite a bit of progress on civil asset forfeiture. … But … Continue reading

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GA: Forfeiture answer pleading illegal search and seizure has to plead facts

“Loveless also complains that the trial court erred by striking his Answer when he had raised therein a sufficient defense, namely that the search and seizure occurred in violation of the Fourth Amendment. However, the Answer did not include those … Continue reading

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NPR: Victims Of Civil Asset Forfeiture Criticize New Federal Rules

NPR: Victims Of Civil Asset Forfeiture Criticize New Federal Rules with Martin Kaste: Early last year, the Obama administration pledged to reform the civil asset forfeiture system, by which police can seize and keep suspicious assets without having to convict … Continue reading

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