Category Archives: Forfeiture

S.D.N.Y.: 4A doesn’t apply to seizure of boat in Fiji belonging to a non-US citizen

The Fourth Amendment does not apply extraterritorially to a boat seizure for forfeiture in Fiji belonging to a noncitizen. “It is hereby ORDERED that Claimants’ request for expedited discovery is DENIED. Claimants’ request is denied because the basis of their … Continue reading

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Forfeiture of property of the innocent: The Bulwark: It’s Too Easy for Police to Take Your Stuff

The Bulwark: It’s Too Easy for Police to Take Your Stuff by Matthew Prensky and Arif Panju:

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N.D.Tex.: Rule 41 doesn’t apply to forfeiture actions; Supplemental Rule G(8)(a) does

The government sought forfeiture of the owner’s cash after it was seized at DFW after a dog sniff on his bag. The owner responded with a motion to suppress under Rule 41, but that doesn’t apply in forfeiture cases. Supplemental … Continue reading

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E.D.La.: Seizure of car for inventory on seeing gun was without PC; “post hoc” claim of PC falls on deaf ears because they never acted like there was

Officers procured multiple warrants for defendant’s apartment, a cooler, and another vehicle, but never his car. Then they saw a gun in the car and decided to inventory. The government also claimed probable cause and a valid reason for seizure, … Continue reading

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E.D.Tenn.: Items unreasonably seized under SW as outside its scope still not returned because they are forfeitable

Some of the items seized under the warrant were named or were covered by plain view when the police got inside. Some are excludable, but they aren’t returned because the government intends to forfeit. United States v. Abdul-Latif, 2023 U.S. … Continue reading

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NYT: Cars Seized by Police Get Supreme Court Scrutiny in Civil Forfeiture Case

NYT: Cars Seized by Police Get Supreme Court Scrutiny in Civil Forfeiture Case by Adam Liptak (“Several justices seemed wary of allowing law enforcement officials to take vehicles used to commit crimes when their owners were not at fault.”) This … Continue reading

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techdirt: How The Courts Have Made It Easier For Cops To Steal From Citizens

techdirt: How The Courts Have Made It Easier For Cops To Steal From Citizens by Tim Cushing (“It’s always been easy for cops to take stuff from people. Civil asset forfeiture allows law enforcement to bypass most of the Constitution … Continue reading

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IL: In this forfeiture seizure, the car could not be inventoried; contents were to be returned to the owner

Officers attempted a stop of a vehicle potentially involved in an earlier occurrence. Instead of stopping, the driver fled from the stop in the car. Instead of pursuing, officers had the LPN and went to where it was registered, and … Continue reading

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NYT: In Memphis, Car Seizures Are a Lucrative and Punishing Police Tactic

NYT: In Memphis, Car Seizures Are a Lucrative and Punishing Police Tactic by Jessica Jaglois and Mike Baker (“It has been used to combat street racing and other crimes, but critics said that vehicles have been kept for months from … Continue reading

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Reason: Lawsuit: Prosecutors Filed Bogus Charges Against Detroit Man in Retaliation for Challenging Seizure of Car

Reason: Lawsuit: Prosecutors Filed Bogus Charges Against Detroit Man in Retaliation for Challenging Seizure of Car by C.A. Ciaramella (“The Institute for Justice says Robert Reeves’ First Amendment rights were violated when prosecutors filed and refiled baseless felony charges against … Continue reading

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NE: Failure to deliver SW to def not 4A violation and doesn’t warrant suppression

Defendant was the subject of a search warrant for a blood draw. The fact he wasn’t given a copy of the warrant doesn’t require reversal. He clearly knew what was going on. State v. Svendgard, 31 Neb. App. 596, 2023 … Continue reading

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WaPo: Police thought his cash was suspicious. So they took it. And won’t give it back.

WaPo: Police thought his cash was suspicious. So they took it. And won’t give it back. by George F. Will:

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CA4: Govt is not responsible when a subpoenaed party turns over more than was sought

The government is not responsible when a subpoenaed party turns over more than was sought. United States v. Taylor, 2022 U.S. App. LEXIS 33418 (4th Cir. Dec. 5, 2022). Officers executing a search warrant at defendant’s house repeatedly made it … Continue reading

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Reason: Houston Prosecutors Are Keeping Cash Seized From Defendants Whose Cases Were Compromised by Police Corruption

Reason: Houston Prosecutors Are Keeping Cash Seized From Defendants Whose Cases Were Compromised by Police Corruption by Jacob Sullum (“Even in cases that hinged on the trustworthiness of demonstrably untrustworthy cops, people are still waiting to get their money back.”)

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TX1: Consent to handling cell phone led to plain view of CP

Defendant consented to the officer handling his secondary cell phone that wasn’t able to make calls. The officer accidentally saw child pornography on the phone in plain view, and it was all reasonable. Thomson v. State, 2022 Tex. App. LEXIS … Continue reading

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CA4: Def’s Facebook post and demeanor justified stop-and-frisk

Defendant’s Facebook post and his past supported reasonable suspicion for his stop and frisk of his fanny pack at a fair. He was a known member of a violent gang with a felony conviction, his house had been recently shot … Continue reading

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N.D.N.Y.: Younger doctrine bars suit against state AG investigation’s subpoena

Plaintiffs’ claims that various constitutional rights were infringed by the state Attorney General’s alleged politically motivated investigation are barred by the Younger doctrine. As to the Fourth Amendment claim, it was directed at subpoenas. Trump v. James, 2022 U.S. Dist. … Continue reading

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Kansas Reflector: Kansas law enforcement routinely produces error-filled reports on seized cash and property

Kansas Reflector (via Rawstory): Kansas law enforcement routinely produces error-filled reports on seized cash and property by Duane Schrag:

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MA: Firearms “improperly secured” found in search of house not forfeitable

Firearms allegedly found “improperly secured” in defendant’s home during a search are not contraband subject to forfeiture. Commonwealth v. Fleury, 2022 Mass. LEXIS 149 (Mar. 31, 2022).* Defendant was stopped for overtinted windows, and, when he got out of the … Continue reading

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D.Mass.: The drug/currency courier profile is back

United States v. $48,940 in United States Currency, 2022 U.S. Dist. LEXIS 51246 (D.Mass. Mar. 22, 2022):

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