Category Archives: Forfeiture

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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AL: When DEA adopts a seizure for forfeiture, state courts lose jurisdiction to return property

When there’s a seizure for forfeiture and the DEA adopts it, the state court loses jurisdiction to return it. Hare v. Mack, 2022 Ala. LEXIS 8 (Jan. 21, 2022). Police responded to a shots fired call at an apartment where … Continue reading

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E.D.Mo.: Third party to forfeiture can’t challenge search

Third parties to a forfeiture seeking to protect their interest have no standing to challenge legality of the seizure that led to the forfeiture. United States v. Koeln, 2022 U.S. Dist. LEXIS 3934 (E.D.Mo. Jan. 10, 2022). Defendant’s felony arrest … Continue reading

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Techdirt: Boston Police Department Used Forfeiture Funds To Hide Purchase Of Surveillance Tech From City Reps

Techdirt: Boston Police Department Used Forfeiture Funds To Hide Purchase Of Surveillance Tech From City Reps by Tim Cushing (“We’ve seen this happen (obviously months or years after the fact thanks to the secretive source of funds) in some of … Continue reading

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HI: Two year delay between seizure and attempted forfeiture of gambling devices violated statute and was unreasonable

Two year delay between seizure of gambling machines under a warrant and initiating forfeiture proceedings was unreasonable. “In conclusion, the failure of HPD and the Prosecutor to comply with the twenty day and forty-five day statutory deadlines contained in HRS … Continue reading

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Reason: Dallas Police Took $106,000 From a Traveler. They Haven’t Explained Why.

Reason: Dallas Police Took $106,000 From a Traveler. They Haven’t Explained Why. (“A police dog’s alert prompted the search, and the money was seized via civil asset forfeiture.”)

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techdirt: Institute For Justice Survey Shows How Philadelphia’s Forfeiture Program Preyed On Poor Minorities

techdirt: Institute For Justice Survey Shows How Philadelphia’s Forfeiture Program Preyed On Poor Minorities (“The Institute for Justice managed to kill off most of Philadelphia’s severely abused civil forfeiture program in 2018. Litigation resulted in a consent decree that banned law enforcement from seizing … Continue reading

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NYT: Former Shoe Shiner Wins Back Nearly $30,000 Seized by Federal Agents

NYT: Former Shoe Shiner Wins Back Nearly $30,000 Seized by Federal Agents by Michael Levenson (“Authorities at an airport last year seized a bag of cash that Kermit Warren was carrying to buy a truck. It was his life’s savings … Continue reading

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Axios: Survey: Philly’s civil forfeiture program targeted Black residents

Axios: Survey: Philly’s civil forfeiture program targeted Black residents by Mike D’Onofrio (“A new survey sheds light on how Philadelphia’s civil asset forfeiture program disproportionately targeted Black residents before it was reformed three years ago.”)

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E.D.Wash.: No REP in an ISP’s mere subscriber records

There is no reasonable expectation of privacy in an ISP’s mere subscriber records. “The Government points out that it received Defendant’s name, address and telephone number as the subscriber of the subject IP address, but did not request or receive … Continue reading

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E.D.Wis.: Citing forfeiture seizure statute in SW application and warrant doesn’t require forfeiture, too

The government sought a search warrant under Rule 41 and also cited the forfeiture seizure statute, 18 U.S.C. § 983. Failure to seek forfeiture doesn’t void the search. United States v. Palma, 2021 U.S. Dist. LEXIS 137870 (E.D.Wis. May 27, … Continue reading

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The Crime Report: How Civil Asset Forfeiture Turns Authorities into ‘Bounty Hunters’

The Crime Report: How Civil Asset Forfeiture Turns Authorities into ‘Bounty Hunters’ by Eva Herscowitz (“Civil asset forfeiture gives police officers the right to seize cash, cars and homes from people who haven’t been convicted of a crime, which is … Continue reading

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LATimes: FBI wants to keep fortune in cash, gold, jewels from Beverly Hills raid. Is it abuse of power?

LATimes: FBI wants to keep fortune in cash, gold, jewels from Beverly Hills raid. Is it abuse of power? by Michael Finnegan (“When FBI agents asked for permission to rip hundreds of safe deposit boxes from the walls of a … Continue reading

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W.D.N.Y.: Calling def to scene of SW execution does not permit search of def’s phone in SW for house

Defendant came to meet the police at their request after talking to them on his cell phone. They had probable cause to believe that the phone had evidence on it. Since he came in without the phone on him, it … Continue reading

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Reason: After the Cops Seized Her Car, the Government Waited Five Years Before Giving Her a Chance To Get It Back

Reason: After the Cops Seized Her Car, the Government Waited Five Years Before Giving Her a Chance To Get It Back by Jacob Sullum (“In Massachusetts, Malinda Harris argues, civil asset forfeiture routinely violates the right to due process.”)

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