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Article • January 15, 2022 • from CLN February, 2022
Civil Forfeiture Under Fire in Massachusetts by Jayson Hawkins by Jayson Hawkins Devantee Jones-Bernier did not have any drugs on him when police executed a search warrant on the apartment where he was visiting some friends in Worcester, Massachusetts. Marijuana was found in the unit, and so Jones-Bernier was initially …
Article • January 15, 2022 • from CLN February, 2022
Tenth Circuit Rules Impounding Car Following Arrest on Outstanding Warrant Was Pretextual, Suppresses Evidence Discovered, Reverses Convictions by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the Tenth Circuit ordered the suppression of evidence discovered during the impounding of a vehicle where the impoundment was for …
Article • January 15, 2022 • from CLN February, 2022
Seventh Circuit Announces Standard of Review for Bond Revocation of Defendant on Pretrial Release by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit clarified the standard of review for revocation of bond when the arrestee is alleged to have violated conditions of release. Lashawn …
Article • January 15, 2022 • from CLN February, 2022
Filed under: Restitution
Sixth Circuit Announces District Court Has Power to Waive Interest on Restitution Post-Sentencing, Resulting in Circuit Split by Dale Chappell by Dale Chappell Acknowledging a circuit split on the issue, the U.S. Court of Appeals for the Sixth Circuit held that district courts have the authority to waive interest on …
Article • December 29, 2021
Highway Robbers Return Money Taken from Ex-Marine The Catch? They Were Cops by J.D. Schmidt by J.D. Schmidt While driving cross-country from Texas to California in February, retired Marine Stephen Lara was pulled over by the Nevada Highway Patrol. Little did Lara know, but he was about to become the …
Article • December 24, 2021
Boston Cops Fleece Citizens to Secretly Buy Controversial Spy Tech by J.D. Schmidt by J.D. Schmidt Boston police used money obtained via civil asset forfeiture to secretly purchase high-tech cell phone surveillance equipment, a new report claims. The exposé, published jointly by Pro Publica and WBUR, details how the Boston …
Article • December 13, 2021
Filed under: Forfeiture
Dallas K-9 Instrumental in Civil Forfeiture of $106,000 at Love Field Airport Despite There Being no Arrest or Crime by Jo Ellen Nott by Jo Ellen Nott A police dog with the Dallas Police Department sniffed out $106,000 in cash in a traveler’s suitcase on December 2, 2021, at Dallas’ …
Article • September 15, 2021 • from CLN October, 2021
Indiana Supreme Court Applies Recently Announced Proportionality Framework for In Rem Fines and Holds Forfeiture of $35,000 Land Rover Grossly Disproportionate to Underlying Offense in Violation of Eighth Amendment, Ending 7-Year Saga by Douglas Ankney by Douglas Ankney The Supreme Court of Indiana affirmed the holding of the Grant Superior …
Report: NYPD Sold Almost 22,000 of the 55,000 Phones Seized Last Year by Douglas Ankney by Douglas Ankney The law of the land is that the “search incident to arrest” exception to the warrant requirement does not apply to the contents of a cellphone. But what about seizures of cellphones? …
California Court of Appeal: When Federal Court Finds Petitioner Satisfies Schlup Standard, Victim Compensation Board Must Recommend Payment of Claim Without Hearing by Douglas Ankney by Douglas Ankney The Court of Appeal, Second Appellate District, Division Five, held that when a federal district court finds that a habeas petitioner has …
Publication • June 7, 2021
CDCR JPay Lockbox and Debit Card Services Contract DocuSign Envelope ID: AFA335FF-4876-46CC-BEA3-34729FB1632D 6/7/2021 STATE OF CALIFORNIA — DEPARTMENT OF CORRECTIONS AND REHABILITATION GAVIN NEWSOM, GOVERNOR ENTERPRISE INFORMATION SERVICES OCIO - ITAU 1900 Birkmont Drive, Rancho Cordova, CA 95742 June 7, 2021 JPay Inc. 12864 Biscayne Blvd, Ste. 243 Miami, FL …
Publication • 2021
Filed under: Money/Property
CA State Auditor, Judicial Branch Procurement, 2021 Judicial Branch Procurement Courts Generally Met Procurement Requirements, but Some Need to Improve Their Payment Practices January 2021 REPORT 2020‑301 CALIFORNIA STATE AUDITOR 621 Capitol Mall, Suite 1200 | Sacramento | CA | 95814 916.445.0255 | TTY 916.445.0033 For complaints of state employee …
Article • May 15, 2021 • from CLN June, 2021
California Supreme Court Announces Conditioning Pretrial Release on Ability to Afford Bail Unconstitutional by Douglas Ankney by Douglas Ankney In landmark decision, the Supreme Court of California substantially limited conditions where trial courts may require money bail. Kenneth Humphrey, 66, was accused of robbing his 79-year-old neighbor of seven dollars …
Article • March 27, 2021
Filed under: Forfeiture
Massachusetts Worst in Nation for Civil Forfeiture Laws by Dale Chappell by Dale Chappell The Institute for Justice announced in its latest Policy for Profit report that Massachusetts was the only state in the country to earn an “F” because of its unfair civil forfeiture laws. One reason is that …
Article • January 15, 2021 • from CLN February, 2021
Filed under: Forfeiture, Rule 41(g)
Police Say Seizing Property Without Trial Helps Keep Crime Down. A New Study Shows They’re Wrong. by Ian MacDougall Civil asset forfeiture laws, which allow police to seize property without trial, are frequently justified as tools to seize millions from kingpins. A new study reveals the median amount taken is as low …
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 • December 15, 2020 • from CLN January, 2021
Lawsuit Challenges DEA Cash Seizures by Jayson Hawkins by Jayson Hawkins Traveling with large amounts of cash is perfectly legal, even on a commercial airliner, so Stacy Jones and her husband were unconcerned about putting over $40,000 in their carry-on luggage when they had to cut their casino vacation short. …
Publication • September 24, 2020
Scholl v. Mnuchin, et al., NC, Order, Withholding Prisoners Money, 2020 Case 4:20-cv-05309-PJH Document 50 Filed 09/24/20 Page 1 of 45 1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 COLIN SCHOLL, et al., 9 10 11 Case No. 20-cv-05309-PJH Plaintiffs, 8 v. STEVEN …
Article • August 15, 2020 • from CLN September, 2020
Floyd’s Family Might End Up Helping Pay Chauvin’s Retirement Benefits by Kevin Bliss by Kevin Bliss Derek Chauvin could still receive about $50,000 a year in pension partly funded by taxpayers like George Floyd’s surviving family, even if he’s convicted of second-degree murder. Moreover, qualified immunity would most likely prevent …
Publication • 2020
Filed under: Trust Accounts
Vanderbilt Law Review, Taking an Interest in Inmate Trust Accounts, 2020 VanCleave, Anna 7/3/2021 For Educational Use Only TAKING AN INTEREST IN INMATE TRUST ACCOUNTS, 73 Vand. L. Rev. En Banc 143 73 Vand. L. Rev. En Banc 143 Vanderbilt Law Review En Banc 2020 Note Charlotte Elama1 Copyright © …
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