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Article • December 15, 2020 • from CLN January, 2021
Filed under: Forfeiture, Tax Law
Retiree’s Home Taken for $8.41 Tax Bill Draws Michigan Supreme Court Ire by Jayson Hawkins by Jayson Hawkins A 1999 Michigan state law provided for properties with unpaid taxes to be seized and rapidly resold by county treasurers. While this practice is not uncommon across the nation, a peculiarity of …
Article • March 18, 2020 • from CLN April, 2020
Filed under: Forfeiture
New Jersey Tightens Reins on Civil Asset Forfeiture by Douglas Ankney by Douglas Ankney In following a trend among the states, New Jersey has passed legislation designed to rein in the abuse of civil asset forfeiture. On January 13, 2020, the Democratic-controlled Senate passed a bill requiring a criminal conviction …
Article • January 21, 2020 • from CLN February, 2020
Indiana Supreme Court Announces Analytical Framework When Determining Whether Punitive In Rem Forfeiture Violates Excessive Fines Clause by Douglas Ankney by Douglas Ankney The Supreme Court of Indiana announced the analytical framework for courts to use when determining whether a punitive in rem forfeiture violates the Excessive Fines Clause of …
Article • December 19, 2019 • from CLN January, 2020
Filed under: Forfeiture
Asset Forfeiture Not So Helpful to Crime-Fighting by Edward Lyon by Ed Lyon The two supreme governmental systems in the U.S. are the overall federal government and the lesser, yet still quite powerful 50 state governments. The federal Constitution and its amendments delineate certain powers exclusive to the federal government …
Article • September 17, 2019 • from CLN October, 2019
The Power of Sheriffs: An Explainer by Jessica Brand  by Jessica Brand, The Appeal This Explainer was produced by The Appeal, a nonprofit criminal justice news site. In our Explainer series, Justice Collaborative lawyers and other legal experts help unpack some of the most complicated issues in the criminal justice …
Article • August 21, 2019 • from CLN September, 2019
California Losing Millions in Civil Asset Forfeiture Funds as Law Aims to Curb Police Abuse by For decades, federal asset forfeiture revenue in California soared from the sale of seized properties. Police used federal law to seize everything from boats to vehicles to homes, thereby circumventing California laws. Opponents call …
Article • June 22, 2019
Filed under: Forfeiture, Police
Police, Prosecutors Use Asset Forfeitures to Lease SUVs, Customize Motorcycles, Install WiFi at Home, and More by Douglas Ankney by Douglas Ankney Lancaster County, Pennsylvania, District Attorney Craig Stedman spent more than $21,000 of drug forfeiture money to lease a 2016 Toyota Highlander. After Stedman was ordered to release records …
Article • June 17, 2019 • from CLN July, 2019
Policing for Profit: Justice Reformers Chip Away at Civil Asset Forfeiture by Noreen Marcus by Noreen Marcus Carole Hinders built a better taco that drew diners to Mrs. Lady’s Food in Spirit Lake, Iowa, for 37 years. Then, one day in 2013, right after breakfast with the grandkids, two men …
Article • April 12, 2019 • from CLN May, 2019
Filed under: Forfeiture, Traffic stop
Cops Seize Almost $150,000 from Black Musician for Not Using His Turn Signal by Dale Chappell by Dale Chappell How much does a ticket for not using your turn signal “a full 100 feet” before making a lane change cost in Oklahoma County? Apparently, all the cash you have in …
Article • March 16, 2019 • from CLN April, 2019
Law Enforcement and Lobbyists Battle Over Need for Civil Asset Forfeiture Reform by Kevin Bliss by Kevin Bliss Texas used civil and criminal asset forfeiture to obtain more than $50 million in cash and property in 2017, according to the Texas Attorney General’s Office. Everything from cash and cars to …
Article • March 16, 2019 • from CLN April, 2019
In Landmark Civil Asset Forfeiture Case, U.S. Supreme Court Holds Excessive Fines Clause of Eighth Amendment Applicable to States by Douglas Ankney by Douglas Ankney The Supreme Court of the United States (“SCOTUS”) held that the Excessive Fines Clause of the Eighth Amendment is applicable to the states through the …
Filing • March 8, 2019
Brown v. Stored Value Cards Inc, Prisoner Debit Cards, Appeal, 2019 (1 of 45) Case: 18-35735, 03/08/2019, ID: 11221605, DktEntry: 44-1, Page 1 of 4 No. 18-35735 In the United States Court of Appeals for the Ninth Circuit ___________________ DANICA LOVE BROWN, Plaintiff-Appellant, v. STORED VALUE CARDS, INC., D/B/A NUMI …
Article • October 31, 2018 • from CLN November, 2018
$3 Million Federal Court Settlement: Philadelphia Agrees to End Civil Forfeiture by Derek Gilna by Derek Gilna A federal civil rights suit alleging massive abuse of Philadelphia’s civil asset forfeiture program was settled in September 2018 for $3 million, which will be distributed to individuals it victimized. The settlement resolved …
Article • September 24, 2018 • from CLN October, 2018
Filed under: Forfeiture
Federal Judge Effectively Ends Albuquerque’s Civil Asset Forfeiture Program as Too Focused on Revenue and Not on Due Process by Derek Gilna by Derek Gilna A federal judge in a July 28, 2018, ruling has effectively ended Albuquerque, New Mexico’s civil asset forfeiture program, finding that, “there is a ‘realistic …
Article • September 24, 2018 • from CLN October, 2018
Filed under: Forfeiture
Civil Forfeiture Often Focuses on Profit Instead of Public Safety by When Lewis Cain was roused from sleep by police officers in his home demanding the keys to his BMW, he objected. Still, cops drove away in his car. “I have the highest respect for law enforcement, but the Fourth …
Article • July 21, 2018 • from CLN August, 2018
Filed under: Civil Procedure, Forfeiture
Denver Under Fire For Law That Critics Describe as Legalized ‘Car Stealing’ by Derek Gilna by Derek Gilna Civil forfeiture, under fire at the state and federal levels the past two years, has faced the spotlight in the city of Denver, Colorado, where a particularly burdensome civil ordinance has resulted …
Article • April 19, 2018 • from CLN May, 2018
Asset Forfeitures Fund New York DA’s Office Bonuses by An investigation by Newsday has uncovered records showing bonus payments to Suffolk County, New York district attorney employees that totaled $3.25 million since 2012. The source of those funds? Assets seized in criminal cases. Deputy chief homicide prosecutor Robert Biancavilla received …
Article • March 16, 2018 • from CLN April, 2018
Filed under: Forfeiture
Texas Supremes: Possession of Gun Does Not Constitute “Use” Under Forfeiture Statute by Dale Chappell by Dale Chappell The Supreme Court of Texas held that a Texas county commissioner’s misdemeanor conviction for possession of a firearm did not constitute “use” of a firearm under the forfeiture statute, and thus forfeiture …
Article • March 1, 2018
Forfeiture Funds Fancy Food for Officials by Edward Lyon by Edward B. Lyon Federal laws allow state and local police agencies to seize private property and keep it whether or not its rightful owner is charged with or convicted of a crime. States participating in the equitable sharing forfeiture program …
Article • February 22, 2018
Oregon Seizes $121,000 of Deceased Veteran’s Benefits by by Mark Wilson The Oregon Court of Appeals held that a deceased veteran’s benefits could be seized by the state as reimbursement of the costs of his care at the Oregon State Hospital (OSH). Deane Preston Cloud was a disabled veteran who …
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