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mcherm : forfeiture   66

Michigan County Sued For Stealing Cars From Innocent Car Owners Via Civil Forfeiture | Techdirt
In this county police sieze three cars a day for reasons like "slowed down in an area known for prostitution". They don't charge the person or, in some cases, even file forfeiture thus making it impossible to contest the seizure.
forfeiture  law  techdirt  via:reddit 
5 days ago by mcherm
The DEA seized her father’s life savings at an airport without alleging any crime occurred, lawsuit says - The Washington Post
It is an almost-suspiciously perfect case: his life savings was in cash because he survived bank runs during the depression and the government seized it with no reason whatsoever to suspect drugs or foul play.
law  police  forfeiture  via:reddit 
4 weeks ago by mcherm
Alabama Couple Lose Longtime Home Over $50 Worth of Cannabis | Cannabis Now
The article is a bit questionable, but the story until is an example extremely outrageous case of forfeiture.
forfeiture  law  via:reddit 
april 2019 by mcherm
Auto Finance Company Sues Massachusetts City Over Its Unconstitutional Sale Of Seized Vehicles | Techdirt
Honda had a lien on the car, but the police seized it and sold it without ever notifying Honda.
law  forfeiture  techdirt  via:Techdirt 
march 2019 by mcherm
Supreme Court says constitutional protection against excessive fines applies to state actions - The Washington Post
Timbs v. Indiana - Unanimous SCOTUS says 8th amendment prohibits states (as well as feds) from imposing excessive fines.
law  forfeiture  via:reddit 
february 2019 by mcherm
Philly cops still abandon drivers on side of the road, in violation of 'Live Stop' policy - On top of Philly news
More abuses by Philly cops, this time leaving a father and two young kids abandoned by the roadside under code blue conditions in order to seize their car for a late registration renewal.
local  police  policeabuse  forfeiture  via:rachel 
january 2019 by mcherm
Civil Asset Forfeiture Suffers a Defeat - The Future of Freedom Foundation
Judge: cities in New Mexico can no longer conduct forfeiture of assets from those not convinced of a crime in defiance of the state law ending forfeiture.
forfeiture  law  via:reddit 
january 2019 by mcherm
Court rules gov’t can keep money seized in drug bust, even after suspect acquitted - Delaware State News | Delaware State News
I don't completely understand this but it sounds like he was found not guilty yet the property seized was not returned because the government had no evidence other than his sworn testimony to prove how it had been acquired.
forfeiture  law  via:reddit 
january 2019 by mcherm
Investigation Finds Philly PD Officers Bought Forfeited Houses Seized During Drug Arrests | Techdirt
Not only were Philadelphia police abusing forfeiture in extreme ways (despite attempts to regulate it locally), they were also buying the seized houses themselves at auction (at least in a few cases).
via:Techdirt  techdirt  police  policeabuse  forfeiture  law  local 
december 2018 by mcherm
Neil Gorsuch and Sonia Sotomayor just came out swinging against policing for profit.
The Supreme Court heard a case on whether States are constrained by the constitutional right to be free from excessive fines.
law  forfeiture  via:reddit 
december 2018 by mcherm
Is A Philadelphia Agency's Seizure Of Vehicles A New Form of Civil Asset Forfeiture? - The Appeal
Philadelphia can't use forfeiture any more, so now they seize cars "as evidence" and then auction them off "to recoup storage fees", regardless of whether the suspect is convicted.
law  via:reddit  police  policeabuse  forfeiture 
december 2018 by mcherm
Mississippi Law Enforcement Performed $200,000 Worth Of Illegal Forfeitures Because It 'Didn't Realize' Law Had Changed | Techdirt
The law changed so that police seizures required court oversight. The police didn't follow this new law (they "didn't notice" the change).
law  police  policeimmunity  forfeiture 
october 2018 by mcherm
Utah's Top Court Says Cops Can't Use Federal Loophole To Dodge Criminal Charge Requirement For Forfeitures | Techdirt
Utah created a law: seized funds must be returned if no charges are filed. Police tried signing the cash over to the US govt to avoid returning it. State judge rules that (poorly written) state law prohibited them from doing so and cash must be returned.
forfeiture  law  techdirt  via:Techdirt 
september 2018 by mcherm
Federal Judge Rules That Albuquerque's Asset Forfeiture Created an Unconstitutional Profit Incentive - Hit & Run :
New Mexico outlawed civil asset forfeiture, but a couple of cities continued to use (and abuse) it. A federal judge says that it is illegal because of the incentives.
law  forfeiture  via:reddit 
july 2018 by mcherm
A 64-year-old put his life savings in his carry-on. U.S. Customs took it without charging him with a crime. - The Washington Post
A large cash forfeiture case in which the person whose money was seized appears to have followed every single rule to a T. (Based on what is stated in the article.)
law  forfeiture  via:reddit 
june 2018 by mcherm
How Alabama lawmakers swung and missed on civil asset forfeiture |
Alabama legislature considers law banning forfeiture abuses. Police, DAs object, bill fails.
forfeiture  law  politics 
may 2018 by mcherm
Could civil asset forfeiture violate 1st Amendment? (Gazette) | Op-Ed Commentaries |
Odd speculation: some cases state that cash in an envelope with the words "For xxx PAC" is political speech and cannot be confiscated.
forfeiture  law  via:reddit 
january 2018 by mcherm
Wyoming police took an innocent man's $91,800. After a Vox report, he will get it back. - Vox
Vox wrote an article on asset forfeiture (in this case, police pressuring a person to fill out a form donating $ to police, then refusing to return it). A state judge read the article and then held a hearing and ordered the $ returned.
forfeiture  law  upliftingnews  via:reddit  vox 
december 2017 by mcherm
Use A Landline To Talk About Criminal Activity? The Government Can Seize The House Around It | Techdirt
Apparently, ICE policies are focused on assessing the value of property in order to decide whether it is worth seizing it. They also specify that civil forfeiture is better than criminal forfeiture in case the person is found innocent, and that the slightest excuse (like having made a phone call from the property) is all it takes to seize land.
forfeiture  law  techdirt  via:Techdirt 
october 2017 by mcherm
Federal Judge Says Indiana's Vehicle Forfeiture Laws Are Unconstitutional | Techdirt
Indiana's law allowed the state to seize a vehicle with no evidence and keep them 90 days without any right to challenge it in court (and forever if a challenge is not mounted or does not succeed). A federal judge issues preliminary injunction against it on due process concerns.
law  forfeiture  techdirt  via:Techdirt 
september 2017 by mcherm
Border Agents Seized American Citizen's Truck, Never Charged Him With A Crime
Truck seized. Over 2 years later, the owner still has not been able to appear in court, despite having excellent legal representation. And apparently this is common.
law  evil  forfeiture  via:reddit 
september 2017 by mcherm
Saying Someone Might Do Something Illegal With Cash Isn't Enough For Gov't To Seize It, Court Rules | Techdirt
Appeals court says you can't seize cash on the grounds that the owner MIGHT decide to spend it on drug (when there is clear evidence that they are instead spending it on bail).
forfeiture  law  techdirt  via:Techdirt 
september 2017 by mcherm
Sessions greenlights police to seize cash, property from people suspected of crimes but not charged - The Washington Post
The Trump Administration takes steps to make it significantly easier for police to just seize things from innocent civilians.
law  forfeiture  DonaldTrump 
july 2017 by mcherm
This Massachusetts Lawmaker Wants to Throw Folks in Prison for Having Secret Car Compartments - Hit & Run :
Ohio has a law criminalizing secret compartments in cars and Massachusetts may soon have one. It allows police to seize and keep the car.
forfeiture  law  via:reddit  4thAmmendment 
july 2017 by mcherm
Court Says Gov't Has To Give Back $167,000 It Seized During A String Of 4th Amendment Violations | Techdirt
Extending a stop by calling another police officer and telling THEM to stop the same vehicle is not allowed.
forfeiture  law  techdirt  via:Techdirt  4thAmmendment 
june 2017 by mcherm
Court: State Not Justified In Seizing Grandmother's House After Her Son Sold $140 Of Marijuana | Techdirt
PA Supreme Court says the most egregious possible asset forfeiture is not allowed. A 72-year-old grandmother's home seized because her son is alleged to have sold $140 of marijuana with evidence that she did not know about it and no evidence shared that he actually did sell it.
forfeiture  law  techdirt  via:Techdirt 
june 2017 by mcherm
The IRS took millions from innocent people because of how they managed their bank accounts, inspector general finds - The Washington Post
The government didn't just prosecute innocent companies for "structuring" when they made sub-$10,000 deposits -- they deliberately targeted innocent companies because they could close those cases more easily.
banking  forfeiture  law  via:boingboing 
april 2017 by mcherm
Sheriff's Office Raids Home, Seizes All The Furniture, Ultimately Returns Everything But The Couch | Techdirt
Police seize furniture from house on the grounds that maybe the homeowner's boyfriend is a drug dealer and if so maybe he bought her the furniture with drug profits. They eventually reached a settlement: most of the furniture needs to be returned, but not one of the couches.
forfeiture  law  policeabuse  via:Techdirt 
january 2017 by mcherm
Arizona's Civil Forfeiture Laws Now Face Civil Rights Lawsuits and Federal Investigations - Institute for Justice
Apparently AZ sets up administrative traps to ensure no lay person can successfully contest a seizure.
forfeiture  law  via:reddit 
october 2016 by mcherm
Appeals Court Says It's Perfectly Fine For The DOJ To Steal Kim Dotcom's Money Before Any Trial | Techdirt
Appeals court rules it's OK to take someone's money before prosecuting them and that if they're fighting extradition then they are not allowed to contest it. No matter HOW strong the merits of your case, if you are fighting extradition then you are not allowed to argue your case.
forfeiture  law  techdirt  via:Techdirt 
august 2016 by mcherm
People Who Had Cash Taken by IRS Have Chance to Get It Back
IRS will let people whose money was taken for "structuring" beg to be forgiven.
law  forfeiture 
june 2016 by mcherm
OHP Uses New Device To Seize Money Used During The Commission Of -
The company making the device that confiscates the money gets paid 7.5% of all money taken.
forfeiture  law  via:reddit 
june 2016 by mcherm
Court Orders Man to Forfeit Nearly $20,000, Despite No Criminal Charges and Prosecutors’ Attempt to Dismiss Case - Institute for Justice
Prosecutor says to drop the case. Judge overrules, rules the money is to be lost, and then appeal is rejected on a technicality of how soon the appeal was filed.
law  forfeiture  via:reddit 
may 2016 by mcherm
Lawsuit: CBP Took $240,000 From Man And Refused To Respond To His Forfeiture Challenge Until It Had Already Processed It | Techdirt
They seized his money, then ignored his lawyer's attempts to communicate and to demand the money back.
forfeiture  law 
may 2016 by mcherm
Court Says Government Needs More Than The Permission Of A Couple Of Underperforming Drug Dogs To Justify Seizure Of $276,000 | Techdirt
Appeals court slaps down government for (a) taking $275,000 ONLY because two dogs pointed at it, (b) claiming the rightful owner had disavowed it because of a weird (and incorrect!) legal interpretation of a statement he made.
forfeiture  law  techdirt  via:Techdirt 
april 2016 by mcherm
Grand jury indicts Wagoner County sheriff, calls for his removal | News OK
Grand Jury: Sheriff saying "disclaim ownership of this confiscated money and we'll let you out of jail" counts as extortion.
forfeiture  law  via:Techdirt 
april 2016 by mcherm
Four Months After Criminal Charge Was Dropped, Illinois Man Finally Wins Back His Seized Truck - Forbes
Truck seized for driving on suspended license (it wasn't suspended). Truck only returned after pled hardship (else court would demand a bond and keep part of it), found pro-bono lawyer, and paid hundreds in "plea bargain".
law  via:reddit  forfeiture 
march 2016 by mcherm
Court Won't Let Government Screw Forfeiture Victim Out Of Legal Fees | Techdirt
Government seized > $100,000 from a small business owner because he made regular small deposits. They offered to settle for 50%, saying it would get worse if the press didn't stop talking about the case. After much pressure, they said they'd return the money but wanted to do so in a way that prevented receiving interest and legal fees. Judge said no.
law  forfeiture  techdirt  via:Techdirt 
february 2016 by mcherm
Police Civil Asset Forfeitures Exceed All Burglaries in 2014 | Armstrong Economics
This is an absurd claim. Can it really be true that police steal more than all burglars?
law  forfeiture  via:HackerNews 
november 2015 by mcherm
Supreme Court case: Can government freeze money needed to pay a lawyer? -
A Supreme Court case will consider whether the government can freeze perfectly innocent money to prevent you from spending it on a lawyer so long as they are accusing you of having stolen more money than you have.
law  forfeiture 
november 2015 by mcherm
Judge Rules That New York City Seizing Thousands Of Cars Without Warrants Is Unconstitutional - Forbes
New York City taxi commission has been seizing people's cars with no warrant or other judicial involvement whatsoever. A judge has ruled this policy unconstitutional and the policy is now changed.
forfeiture  via:reddit  law 
october 2015 by mcherm
Wyoming Returns Less Than 15 Percent of Seized Cash to Property Owners | The Institute for Justice
Wyoming has an especially bad record on civil asset forfeiture and the governor refused to sign a bill to improve it.
forfeiture  law  via:reddit 
august 2015 by mcherm
Arizona's Civil Forfeiture Laws Are Unconstitutional, New Lawsuit Argues - Forbes
Utterly unfair: in AZ, if you lose a civil forfeiture case you may have to pay the government's costs of prosecuting it.
law  forfeiture  via:reddit 
august 2015 by mcherm
ACLU Challenges Arizona's Forfeiture Laws: 'This Racket Has to Stop' - Hit & Run :
Trying to fight forfeiture requires you spend more on lawyers than many seizures are worth AND run the risk of paying the government's costs if you lose.
law  via:reddit  forfeiture 
july 2015 by mcherm
Even If You Think Kim Dotcom Is Guilty As Sin, The US Government Stealing His Assets Should Concern You | Techdirt
Civil Asset Forfeiture is bad enough, forcing the owner to defend their property without the presumption of innocence. But here the government has said the owner is not actually permitted to defend their property at all. Surely THAT couldn't be abused to take anything from anyone who lives in another country, could it?
forfeiture  law  techdirt  via:Techdirt 
july 2015 by mcherm
The government is still abusing asset forfeiture
...and threatening someone for taking it to his congressman.
forfeiture  law  rights  freespeech  via:reddit 
may 2015 by mcherm
City’s vehicle seizure law: You don’t have to be driving to lose your car | Albuquerque Journal News
City seizes all cars of drunk or non-licensed drivers, even if it's someone else's car, even if it is stolen.
law  forfeiture  via:reddit 
may 2015 by mcherm
Woman held in psychiatric ward after (correctly) saying Obama follows her on Twitter - Americas - World - The Independent
She claims they confiscated her car (via asset forfeiture?), then sent her for involuntary mental health care where she was drugged and imprisoned for a couple of weeks. They would not release her until she recanted her claim that Obama followed her on twitter (PS: it was true).
twitter  obama  law  mental_illness  forfeiture  via:boingboing 
march 2015 by mcherm
DC Police Department Budgets Its Asset Forfeiture Proceeds Years In Advance
The DC police department is taking in huge amounts from civil asset forfeiture and they're even building their budget around it.
forfeiture  police  policeabuse  law  techdirt  via:Techdirt 
november 2014 by mcherm
Civil liberties and the Supreme Court: The ham sandwich standard | The Economist
The supreme court just decided that a one-sided grand jury inditement is sufficient to confiscate someone's money (that is needed to pay for a lawyer for their criminal defense). This article (and I) feel that they got this wrong.
law  forfeiture  via:reddit 
october 2014 by mcherm
Aggressive police take hundreds of millions of dollars from motorists not charged with crimes | The Washington Post
A newspaper article on civil forfeiture with lots of examples (although the article could have been better organized and perhaps should have contained more useful background).
law  forfeiture  via:reddit 
september 2014 by mcherm
Parents' house seized after son's drug bust -
Philadelphia is perhaps the worst large jurisdiction in the country for civil forfeiture. In this case they seized a home because the owner's son was caught with $40 of heroine.
civilrights  forfeiture  law  evil 
september 2014 by mcherm

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