civil forfiture

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Skeeve
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Re: civil forfiture

Post by Skeeve » Fri Sep 01, 2017 12:25 pm

Federal Judge Rules Indiana Seizing Cars With Civil Forfeiture Is Unconstitutional

A light at the end of the tunnel, or an oncoming train?
In a major win for private property rights, a federal judge ruled that Indiana can no longer seize vehicles under its controversial civil forfeiture laws, which allow police to confiscate property without filing criminal charges. Judge Jane Magnus-Stinson ruled that Indiana's laws were unconstitutional because they failed to provide a timely hearing for the property owner to contest the seizure.

The decision comes just days after Hoosier lawmakers held a summer study committee to discuss forfeiture reform, and less than a month after U.S. Attorney General Jeff Sessions announced a new policy to expand police seizures nationwide.
We'll see...
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Re: civil forfiture

Post by Skeeve » Sat Jan 20, 2018 7:49 pm

UPDATE: Bipartisan Bills In Congress Would Defund Federal Civil Forfeiture, DEA Marijuana Seizures

...
On Wednesday, Reps. Ted Lieu (D-CA) and Justin Amash (R-MI) re-introduced HR 4816, the “Stop Civil Asset Forfeiture Funding for Marijuana Suppression Act.” As its name suggests, the bill would ban the Drug Enforcement Administration (DEA) from using any federal forfeiture funds to support its Domestic Cannabis Eradication/Suppression Program.

“Civil asset forfeiture is an unconstitutional practice whereby the government takes people’s property without due process,” Rep. Amash said in a statement. “The DEA’s use of proceeds acquired through civil asset forfeiture to expand marijuana enforcement—a state-level issue—makes the already unacceptable practice even worse.”
That it says "re-introduced" does not give me much confidence, still, who knows.
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Re: civil forfiture

Post by Nyarlathotep » Sat Jan 20, 2018 7:55 pm

Oncoming train.

That's the only light at the end of the tunnel there ever is
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Re: civil forfiture

Post by Witness » Wed Mar 07, 2018 3:51 am

Times Free Press wrote:Carter, Gardenhire bill imposes new rules on law enforcement's use of civil asset forfeiture

NASHVILLE — Tennessee law enforcement's power to seize cash, vehicles and other property from suspects never actually charged with a crime would face new restrictions under legislation moving in the General Assembly.
[…]
Under the bill, if someone is actually arrested by authorities for the commission of a crime, say transporting illegal drugs, the procedure "pretty much stays where it is," said Carter, noting the legislation does shorten procedural times and increase notices.

But the major part of the bill, he said, is that it makes legal distinctions between "those charged with a crime from those not charged with a crime."

"Those that have been accused of a crime and their assets are seized goes to the 'left' and those persons whose property was seized — and they were not present and apparently had nothing to do with it — go through entirely separate, far more strenuous due process requirements" before their property can be permanently taken, Carter said.

For persons who are not present but their property, such as a vehicle, is seized as a result of someone using it in commission of a crime like transporting drugs, "you have a great number of added, new due process rights in this bill," Carter noted.

Under the bill, if someone isn't arrested, the case must be held and concluded within 45 days. Official notice must be given within five days that the property has been seized.
[…]
The bill also specifies that "money is not illegal," Carter said. He noted that while that may "seem silly to you," oftentimes when he was a judge "people would say, 'Look, we pulled a guy over in a '73 Dodge and he had $8,900 on him. It is not illegal to have money."

Under the bill, the state would have the "burden of proving the money is illegal," he said.

Carter said he believes the most important provision is that property owners not present at the seizure must be notified. And a "full-blown due process hearing" must be held, he noted.
http://www.timesfreepress.com/news/poli ... aw/465106/

Hm-hm… :P

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Re: civil forfiture

Post by Witness » Sat Apr 07, 2018 2:24 am

WaPo wrote:In Wisconsin, authorities now have to convict you of a crime before they can take your cash

Wisconsin Gov. Scott Walker (R) signed into law a forfeiture reform bill last week that will require law enforcement officials to obtain a criminal conviction before permanently taking a person's cash or property, making Wisconsin the 15th state to do so.

The law is intended to address the controversial practice of civil asset forfeiture, a common legal maneuver that allows police to seize and keep cash, real estate and other property from people suspected of criminal activity, regardless of whether those people are convicted.

Defenders of civil forfeiture, including Attorney General Jeff Sessions, maintain that it's a valuable law enforcement tool that allows authorities to seize the ill-gotten gains of criminals who are difficult to apprehend and convict, such as the leaders of international drug cartels.
https://www.washingtonpost.com/news/won ... your-cash/

Image

"Permanently" still has a frightening ring to it – if it leaves you broke, you're toast. :?

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Re: civil forfiture

Post by Skeeve » Sun Apr 08, 2018 2:19 pm

Witness wrote:
WaPo wrote:In Wisconsin, authorities now have to convict you of a crime before they can take your cash
....
Defenders of civil forfeiture, including Attorney General Jeff (reefer madness) Sessions, maintain that it's a valuable law enforcement tool that allows authorities to seize the ill-gotten gains of criminals who are difficult to apprehend and convict, such as the leaders of international drug cartels any poor schmuck who happens to carry excess amounts of cash (their definition, not yours), or run a cash business.
https://www.washingtonpost.com/news/won ... your-cash/

Map of states to visit and avoid: https://s7.postimg.org/kezyj19nf/SOF46_ ... GD6_XU.jpg[/img]

"Permanently" still has a frightening ring to it – if it leaves you broke, you're toast. :?
Here the word "criminals" is used much like the word "victims" is in #metoo accusations...
It assumes facts that are not (and in the context of 'asset seizures' may NEVER BE) in evidence.
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Re: civil forfiture

Post by Skeeve » Thu May 31, 2018 2:11 am

Iowa Supreme Court Rules Civil Forfeiture Laws Violate Fifth Amendment...
The Iowa Supreme Court struck a blow on Friday against the state’s civil forfeiture laws, which allow the government to permanently confiscate property without ever filing criminal charges. In a unanimous, 33-page ruling, the court strengthened the constitutional protection against self-incrimination for owners fighting civil forfeiture, revived a motion to suppress evidence, and rejected a tactic commonly used by prosecutors to prevent owners from being awarded thousands of dollars in attorney’s fees.
:dothewave: :dothewave:

One down, 49 to go....or maybe congress will pull it's collective head out of it's collective butt....but I doubt it.
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Re: civil forfiture

Post by Nyarlathotep » Thu May 31, 2018 2:15 am

Not even one down. THey will just use adoptive forfeitures and let the feds take your property and give them a cut. Half your shit is better than none of it, after all.

But hey, Jeff Sessions has PROMISED that all such forfeitures will be done in a "Professional" manner, which only means they will give you a receipt and MIGHT not punch you in the face when they rob you
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Re: civil forfiture

Post by Doctor X » Thu May 31, 2018 3:55 am

He promises to wear a condom.

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Re: civil forfiture

Post by Giz » Thu May 31, 2018 3:57 am

Doctor X wrote:He promises to wear a condom.

--J.D.
The “protection” part of “to protect and serve”.

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Re: civil forfiture

Post by Skeeve » Sat Jul 21, 2018 5:04 pm

Congress Demands Justice Department Return Millions "Seized Unfairly" From Taxpayers
In the latest salvo against civil forfeiture, 21 Republican Members of Congress sent a letter to Attorney General Jeff Sessions on Thursday that demanded the Justice Department “immediately return” up to $22 million that was “seized unfairly by the government.” Using civil forfeiture, the Internal Revenue Service raided bank accounts from hundreds of owners for alleged “structuring” offenses, which involves making a series of cash transactions under $10,000 to skirt federal reporting requirements.

“What was done was not fair, just or right in most cases,” the letter declared, which was co-signed by House Ways and Means Chair Kevin Brady (R-TX), Oversight Subcommittee Chair Lynn Jenkins (R-KS), and former Oversight Subcommittee Chair Peter Roskam (R-IL). “The IRS’s actions led to the destruction of many lives and small businesses, some of which will never fully recover.”
...
Slamming DOJ’s position as “wholly indefensible,” the Members of Congress wrote that they were “profoundly troubled by the significant discrepancy between the IRS’s recommended outcome and DOJ’s final decisions.” “By DOJ’s own testimony, the mitigation process acts as a pardon request, permitting a plea for leniency,” noted the letter. “It provides DOJ with a safety valve that allows for the correction of actions taken by the Government, which in hindsight, we may realize were in error. This is one of those instances.”
I suspect they have already spent that money...fuckers!
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Re: civil forfiture

Post by shuize » Sun Jul 22, 2018 1:28 am

The Supreme Court has granted cert. in Timbs v. Indiana.

Supreme Court Will Hear Case on the Excessive Fines Clause that Could End Up Curbing Asset Forfeiture Abuse

https://reason.com/volokh/2018/06/19/su ... n-the-exce

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Re: civil forfiture

Post by Skeeve » Thu Aug 02, 2018 4:21 pm

Judge Rules Albuquerque Civil Forfeiture Law Unconstitutional, Upholds Innocent Until Proven Guilty
In a landmark decision, a federal court ruled that the Albuquerque’s civil forfeiture program “violates procedural due process” because it forced hundreds of property owners to prove their own innocence. With his ruling spanning over 100 pages, Judge James Browning also found that the city’s “forfeiture officials have an unconstitutional institutional incentive to prosecute forfeiture cases,” since the program has “de facto power over its spending…the more revenue it raises, the more revenue it can spend.”

Thanks to this incentive to police for profit, the city’s forfeiture program “generated $11.8 million in revenue in the form of forfeitures, settlements and fees,” between fiscal 2009 and 2016. The program was so lucrative, revenues actually exceeded expenses for four of those years.

Today’s ruling is a total victory for fairness, due process and property owners everywhere,” said Robert Everett Johnson, an attorney at the Institute for Justice, which litigated the case. “Together, these rulings strike at the heart of the problem with civil forfeiture. We will undoubtedly use this decision to attack civil forfeiture programs nationwide.”

:dothewave: :db: :db2: :db: :dothewave:
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