Category Archives: Forfeiture

N.D.Ala.: Lack of a SW signature cured by GFE

“Defendant argues that the warrant is facially deficient because the affidavit lacked a signature, a panel of the Eleventh Circuit has considered and rejected this argument. See United States v. Gordon, 686 F. App’x 702, 704 (11th Cir. 2017) (holding … Continue reading

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Reason: The FBI Seized This Woman’s Life Savings—Without Telling Her Why

Reason: The FBI Seized This Woman’s Life Savings—Without Telling Her Why by Billy Binion (“Linda Martin’s lawsuit alleges that the agency violated her right to due process when it took her $40,200 and sent her a notice failing to articulate … Continue reading

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M.D.Fla.: Not IAC to not call private searcher at suppression hearing where it wouldn’t have changed the outcome

Defense counsel wasn’t ineffective for not calling a “hotel maid” who found defendant’s gun at the suppression hearing that led to his ACCA sentence. He doesn’t show that she would have changed the outcome. The private search issue was litigated … Continue reading

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Reason: Hawaii Can Auction Off Your Car Without Ever Convicting You

Reason: Hawaii Can Auction Off Your Car Without Ever Convicting You by Dan Alban and Elyse Smith Pohl (“Civil forfeiture allows the government of Hawaii to take your property and sell it for profit without proving you did anything wrong.”)

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Reason: DEA ends airport gate searches after years of documented abuses of civil asset forfeiture

Reason: DEA ends airport gate searches after years of documented abuses of civil asset forfeiture by C.J. Ciaramella (“The Justice Department temporarily suspended the program in November because of ‘significant risks’ of constitutional violations.”):

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Reason: Nevada Judge to Nevada Cops: You Can’t Use This Loophole To Get Around Civil Asset Forfeiture Reform

Reason: Nevada Judge to Nevada Cops: You Can’t Use This Loophole To Get Around Civil Asset Forfeiture Reform by C.J. Ciaramella (“In the first decision of its kind in Nevada, a judge ruled last week that state law enforcement can’t … Continue reading

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WaPo editorial: The DEA shows why officers cannot police themselves when seizing assets

WaPo editorial: The DEA shows why officers cannot police themselves when seizing assets (“A DOJ inspector general report underscores the need for reforming civil forfeiture practices. … ‘Civil asset forfeiture’ sounds like a wonky term for some arcane practice in … Continue reading

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Reason: Justice Department Orders DEA to Halt Airport Searches Because of ‘Significant Issues’ With Cash Seizures

Reason: Justice Department Orders DEA to Halt Airport Searches Because of ‘Significant Issues’ With Cash Seizures by C.J. Ciaramella (“The DEA paid one airline employee tens of thousands of dollars to snoop on travel itineraries and flag passengers for searches.” … Continue reading

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IN: Warrantless pulling on a loose car door panel was with PC and reasonable

The officer’s warrantless pulling on a loose car door panel with probable cause was not an unreasonable search under the Fourth Amendment or state constitution. Young v. State, 2024 Ind. App. LEXIS 279 (Oct. 4, 2024). The arrival of drug … Continue reading

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S.D.Ohio: Indicia of residency can be subject to search and seizure under a SW

The search warrant could seek to seize documents tending to show defendant’s control of the premises [indicia of ownership or control] under the Fourth Amendment. United States v. Moore, 2024 U.S. Dist. LEXIS 119486 (S.D. Ohio July 2, 2024). There … Continue reading

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D.Ariz.: “The standard for probable cause in forfeiture proceedings resembles that required to support a search warrant”

“‘The standard for probable cause in forfeiture proceedings resembles that required to support a search warrant. The determination of probable cause is based upon a “totality of the circumstances” test, and the government’s evidence must be more than that which … Continue reading

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E.D.N.Y.: iCloud SW was particular to time and offenses

“The Court finds both the iCloud and Midwood Lumber Warrants were sufficiently particularized and tethered to the Affidavits’ probable cause showings, thereby meeting the Fourth Amendment’s requirements.” … “[I]he iCloud Warrant identifies the property to be searched as “information associated … Continue reading

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Econlib: Drug Prohibition, Exclusionary Rule, Fourth Amendment, Opportunity Costs, US v Regan

Econlib: Drug Prohibition, Exclusionary Rule, Fourth Amendment, Opportunity Costs, US v Regan by Tarnell Brown:

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Topeka Capital-Journal: Kansas sets higher bar for police seizure after accusations of for-profit policing

Topeka Capital-Journal: Kansas sets higher bar for police seizure after accusations of for-profit policing by Jack Harvel (“Kansas reformed civil asset forfeiture — the law enforcement tactic of seizing property suspected of being used in a crime — to be … Continue reading

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S.D.N.Y.: Overseas seizure of Russian oligarch’s megayacht not governed by 4A

This megayacht was seized overseas for Russia sanctions. (Eduard Yurievich Khudainatov is the owner, and he’s a Russian oligarch who is a Putin proxy (per Forbes)) The claim that the initial seizure may have violated the Fourth Amendment fails because … Continue reading

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N.D.Ohio: Refusing discovery on 4A grounds in forfeiture case results in no standing

On remand from the Sixth Circuit in this forfeiture case on the question of standing, claimant asserted Fourth Amendment privilege to all discovery requests about his standing to claim the money. The court finds no facts for standing means no … Continue reading

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S.D.N.Y.: 4A doesn’t apply to seizure of superyacht 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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