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DEA Continues to Seize Money Without Proof of Criminality
by Casey J. Bastian
Kermit Warren is the latest victim of unconscionable governmental abuses of the civil asset forfeiture laws. The Drug Enforcement Agency (“DEA”) is again in the news for seizing cash from a citizen without any proof of criminal activity. Warren had $28,000 on his person with which ...
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More from this issue:
- Acquitted Conduct Sentencing, by Douglas Ankney
- Mental Health Response Teams Proved Effective in New York City, by Casey Bastian
- ‘Planning for Losing’: A Lesson on Justice Reform from Afghanistan, by Marc Levin
- Texas Court of Criminal Appeals: Defendant Satisfied Requirements of Confession and Avoidance, ‘Unintentional Self-Defense’ Jury Instruction Allowed Against Charge of Intentional Offense, by Douglas Ankney
- Fourth Circuit: State’s Failure to Plead Procedural Default Results in De Novo Review on Merits; Prosecutor’s Comments to Jury to Send ‘Societal Message’ Denied Defendant Fair Trial, Habeas Relief Warranted, by Dale Chappell
- Mental Illness and False Confessions: A Wakeup Call to Investigators, by Joseph Buckley
- Georgia Supreme Court Declares ‘Relevance’ Not Legal Standard for Suppression Determination Where Items Seized Outside Scope of Warrant, Clarifies Plain View Doctrine Proper Standard, and Overrules McBee, Walsh Line of Cases, by Anthony Accurso
- Michigan Supreme Court Announces 2011 SORA May Not Be Retroactively Applied to Registrants Whose Offenses Predated Its Enactment Because Doing So Violates Prohibition on Ex Post Facto Laws, by Douglas Ankney
- California Now Able to Decertify Bad Cops, by Edward Lyon
- Texas Court of Criminal Appeals: Although Subsequent Indictment Recites Same Language as Original Indictment, SOL Isn’t Tolled Where Subsequent Indictment Fails to Charge Same Conduct, Act, or Transaction, by Douglas Ankney
- Texas Court of Criminal Appeals: Trial Court Abused Discretion by Refusing to Allow Withdrawal of Jury-Trial Waiver for Defendant Who Ultimately Rejected Plea Deal, by David Reutter
- Idaho Supreme Court Rejects ‘Instinctive Entry Rule’ as Not Implicating Fourth Amendment Where Drug-Sniffing Dog Breaches Interior of Vehicle During Exterior Search and Suppresses Evidence, by Douglas Ankney
- SCOTUS Announces Pursuit of a Misdemeanant Does Not Categorically Constitute an Exigent Circumstance Authorizing a Warrantless Home Entry, by Douglas Ankney
- Pennsylvania Supreme Court Announces New Framework for Enforcing Right to Effective Counsel in Post-Conviction Relief Act Proceeding, by Douglas Ankney
- Connecticut Supreme Court Overrules Aquino, Holding Appeal Not Moot Where Defendant Deported During Pendency but Unclear Whether Appealed Conviction Sole Basis for Deportation, by Douglas Ankney
- Nevada Supreme Court: Prisoner’s Claim He Is Now Actually Innocent of Death Penalty Sufficient to Overcome Proce-dural Bars to Habeas Relief, by Douglas Ankney
- California Court of Appeal: Peremptory Challenge to Judge in Habeas Case Subject to 10-Day Filing Period, Not 60 Days, Under § 170.6(a)(1), by Dale Chappell
- SCOTUS: Rehaif Error Doesn’t Automatically Require Reversal of Conviction, Plain-Error Test Must Be Satisfied for Re-lief, by Dale Chappell
- Oregon Supreme Court Announces Abandonment of Per Se Exigency Rule in Automobile Exception and Holds Warrantless Seizure or Search Must Be Based on Actual Exigent Circumstances, by Jacob Barrett
- Tenth Circuit, Joining Sister Circuits, Announces ‘Personal-Use’ Drug Quantity Doesn’t Constitute ‘Relevant Conduct’ Under Guidelines § 1B1.3(a) and Sets Forth Framework for Burden of Proof Analysis, by Douglas Ankney
- Massachusetts Supreme Judicial Court Announces Bodycam Video Subsequently Reviewed in Unrelated Investigation Constitutes Unconstitutional Warrantless Search, by Anthony Accurso
- Concealed Videos Expose Pattern of Abuse by Louisiana State Police, by Jayson Hawkins
- Vermont Supreme Court Announces Proper Legal Standard for Warrantless Search of Home’s Curtilage, by Anthony Accurso
- Eighth Circuit: Inadmissible Hearsay Improperly Used to Revoke Supervised Release, by Matthew Clarke
- Facial Recognition Run-Down, by Anthony Accurso
- Rutgers University Pioneers New Jersey Innocence Project, by Casey Bastian
- Massachusetts Remains a Civil Forfeiture Outlier, by Jayson Hawkins
- Sixth Circuit: Michigan’s Ordinarily ‘Adequate’ Contemporaneous-Objection Rule, in Unique Circumstances, May Not Procedurally Bar Federal Habeas Review, by Dale Chappell
- Non-Prosecution Policies Seem to Work in Baltimore, by Jayson Hawkins
- DEA Continues to Seize Money Without Proof of Criminality, by Casey Bastian
- Florida’s Catch-22 for the Innocent Defendant (and Others Wishing to Protect Their Right Against Self-Incrimination), by M. Eve Hanan
- Big Tech Using Third Parties to Sell Surveillance Tools to ICE and Border Patrol, by Anthony Accurso
- Pegasus Software: State-sponsored Spyware Usage Likely Infecting Billions of Phones, by Casey Bastian
- Armed Police Drones Are Coming, by Anthony Accurso
- News in Brief
More from Casey Bastian:
- Policing the Vulnerable: The Criminalization of Disability, May 15, 2025
- Examining Pro-Prosecution Bias in the Judiciary: Unconscious Biases of a Prosecutorial Background, Feb. 15, 2025
- The Rise of Mass Supervision: From Rehabilitative Alternative to Shadow Carceral State, Oct. 1, 2024
- Demonstrable Remorse, Psychiatric Diagnoses, and Alternatives to Incarceration, Aug. 1, 2024
- Minnesota Sex Offender Program: The Indefinite Detention of the Reviled, Aug. 1, 2024
- The 153 Exonerations in 2023 Include 19 Resulting From Threats or Sentences of Death, July 15, 2024
- Four Dead in One Month in San Bernardino County Jails, $3,232,500 in Settlements Paid So Far, March 1, 2024
- Dangerous Encounters: Interactions Between Autistic Individuals and Law Enforcement, Dec. 15, 2023
- U.S. Sentencing Commission Publishes Compassionate Release Datafile for Fiscal Years 2020-2022, Oct. 1, 2023
- Two Dead and $4.675 Million Paid After Deputies’ Alleged Misconduct in California’s Sonoma County, Sept. 15, 2023
More from these topics:
- Biden Clemency Recipients Included Virginians Sentenced for “Acquitted Conduct”, April 1, 2025. Wrongful Conviction, Pardons/Clemency, False Confessions, Drug Laws/Offenses.
- 14 Overdoses in Two Weeks Leave One Dead at Phoenix Jail, April 1, 2025. Drug Overdose, Accidents, Drug Laws/Offenses.
- $1.5 Million Settlement For In-Custody Injury by New York Police, March 1, 2025. Guard Brutality/Beatings, Settlements, Police/Govt Misconduct, Prison Brutality.
- Former Vermont Sheriff Takes Plea Deal in Sexual Assault Case, March 1, 2025. Staff-Prisoner Assault, Police/Govt Misconduct, Plea Agreements/Guilty Pleas.
- California Prisoner Allegedly Ran Alaska Drug Ring from His Cell, Feb. 15, 2025. Organizing, Prison Gangs, Drug Laws/Offenses.
- Prison Profiteers Ready to Help Trump Make Good on Deportation Threats, Feb. 15, 2025. GEO Group/Wackenhut, Government Misconduct, Deportation/Removal/Exclusion, Police/Govt Misconduct.
- First Circuit Holds No Emergency-Aid Exception to Warrant Requirement Where Police Have Information That Subject Is Already Deceased, Feb. 15, 2025. Emergency Aid Doctrine, Police/Govt Misconduct, Warrants - Requirements/Scope/Exceptions, Statements By a Deceased Person.
- Law Enforcement Obscures Use of Facial Recognition Technology, Feb. 15, 2025. Computer Searches, Police State-Surveillance, Electronic Surveillance, Police/Govt Misconduct.
- Police Departments Are Now Using AI to Write Reports, Feb. 15, 2025. Police Misconduct, Computer Searches, Electronic Surveillance, Police/Govt Misconduct, Police Reports.
- Sprawling Indictment Targets Two Smuggling Networks Run by Georgia Prisoners, Dec. 15, 2024. Drug Laws/Offenses, Indictment/Information.