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Civil Forfeiture Often Focuses on Profit Instead of Public Safety
Loaded on Sept. 23, 2018
published in Criminal Legal News
October, 2018, page 31
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 Amendment has to mean something,” said the disabled Vietnam veteran. “Police ...
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More from this issue:
- Washington Supreme Court Strikes Down Pornography Prohibition as Unconstitutionally Vague, by Christopher Zoukis
- Sixth Circuit Rules Relying on Search Warrant Based on ‘Bare Bones’ Affidavit Objectively Unreasonable, Grants Motion to Suppress, by David Reutter
- Victims’ Rights Laws a Threat to Due Process
- Federal Court Suppresses Evidence Where Consent to Search Vehicle Obtained Via Google Translate, by Christopher Zoukis
- Private DNA Lab Under Fire for Faulty Analysis, by Christopher Zoukis
- ICE Utilizes Military-Style Shock Tactics to Round up Immigrants
- Louisiana Supreme Court Holds Counsel’s Failure to Challenge ‘Stark Contrasts’ in Witness ID and Defendant’s Appearance Constituted IAC, by Dale Chappell
- Sixth Circuit: Procedural Error and Plain Error for Judge to ‘Surprise’ Defendant and Impose an Upward Variance
- Hawaii Supreme Court Vacates Conviction Because Defendant’s Waiver of Right to Testify Deficient Under State’s Tachibana Colloquy Requirement, by David Reutter
- New Jersey Supreme Court Holds Inventory Search May Not Serve as Ruse for Investigatory Search, by Dale Chappell
- Federal Judge Effectively Ends Albuquerque’s Civil Asset Forfeiture Program as Too Focused on Revenue and Not on Due Process, by Derek Gilna
- Your Papers, May I See Your Papers?, by Christopher Zoukis
- Hair Analysis a Useful but Not Foolproof Forensic Tool, by Derek Gilna
- 1st Circuit: No Protective Sweep Where Identified Suspects Already in Custody at Time of Warrantless Search, by David Reutter
- $9 Million Settlement in Baltimore Wrongful Conviction Case, by Christopher Zoukis
- Civil Forfeiture Often Focuses on Profit Instead of Public Safety
- Louisiana Sheriffs’ Association Backpedals on Its Pre-Trial Detainee Figures, by Derek Gilna
- Idaho Supreme Court Rules Dead-Body Reporting Statute Unconstitutional As Applied to Defendant, by Richard Resch
- Federal Judge Extends Stay of Executions in Louisiana, by Betty Nelander
- Houston Forces Parolees out of City Under New Rule
- From the Big Box to the Big House: Walmart Helps Tennessee Prosecutors Felonize Shoplifting, by Matthew Clarke
- Iowa Supreme Court Announces Greater Privacy Protections Under State Constitution for Impounded Vehicles Than Provided by Fourth Amendment, by Richard Resch
- New York, Faced With Millions in Payouts for Prosecutorial Misconduct, Becomes First State to Create Oversight Commission, by Derek Gilna
- Fired Director of New York’s Criminal Forensic Science Division Alleges ‘Catastrophic’ DNA Errors, by Christopher Zoukis
- Many Sheriffs Tempted by Lack of Oversight or Fiscal Accountability, by Matthew Clarke
- 11th Circuit Rules Immigration Judges are United States Judges for Purposes of 18 U.S.C. § 115(a)(1)(B), by David Reutter
- Study Indicates Link Between Officer Fatigue and Public Complaints, by Betty Nelander
- ACLU Questions Trade Secrets Protecting DNA Testing Algorithms, by Dale Chappell
- $28.1 Million Jury Verdict for Wrongful Convictions Upheld by 8th Circuit, by Kevin Bliss
- Eric Schneiderman Pushed Laws Opposing Abuse of Women as He Stands Accused of Abusing Them Himself, by Steve Horn
- Archaic Disciplinary System Allows Chicago Police to Delay Punishment, by David Reutter
- Kentucky Supreme Court Tosses Evidence Holding Dog Sniff of Nervous Driver with Prior Drug Charges was Unreasonable, by Dale Chappell
- New Jersey AG Intervenes in Possible Wrongful Conviction Case, Considers Reforms, by Christopher Zoukis
- Seventh Circuit Affirms Order Granting New Trial Due to Newly Discovered Evidence, by Christopher Zoukis
- Texas Court of Criminal Appeals Holds Sua Sponte Jury Instruction on Self-Defense Also Applies to Lesser-Included Charges, by Dale Chappell
- NY Court of Appeals Affirms Dismissal of DWI for Improper Breathalyzer Refusal Warning, by Dale Chappell
- 10th Circuit: Oklahoma’s Second-Degree Burglary Not an ACCA Qualifying Offense, by David Reutter
- New Jersey Supreme Court Holds 2014 Amendment to Megan’s Law Violates Ex Post Facto Clause, by Dale Chappell
- California Court of Appeal Holds Box Cutter Not ‘Inherently’ Deadly Weapon, by Dale Chappell
- Kentucky Supreme Court Overrules Flawed Brindley Opinion and Announces Commonwealth Cannot Appeal Judgment of Acquittal, by Dale Chappell
- Eight Death Row Prisoners Opt for Untested Nitrogen Gas Over Inhumane Lethal Injection, by Betty Nelander
- Prosecutors Use Their Power to Help Reform Criminal Justice
- Iowa Supreme Court Announces Actual Innocence Claim Is Freestanding Claim That Can Be Made Even After Guilty Plea, by Dale Chappell
- NY Court of Appeals Holds Trial Court’s Failure to Advise Defense of Jury Note Contents Constitutes Reversible Error, by Dale Chappell
- Insurance, Courts Protect Cops from Liability, by Dale Chappell
- The Broad Reach of Carpenter v. United States, by Paul Ohm
- Plainclothes Officers, 6 percent of NYC Police Force, Involved in 31 percent of Fatal Police Shootings, by Matthew Clarke
- News in Brief
- From Abuse of the Body to Abuse of the Mind: Police Use Psychologically Coercive Interrogation Techniques to Produce False Confessions, by Christopher Zoukis
More from these topics:
- Indiana Supreme Court Announces Proper Procedural Framework for Civil Forfeiture and Who Constitutes an ‘Owner’, Sept. 1, 2024. Forfeiture.
- Indiana Supreme Court Announces Civil Forfeiture Triggers Right to Jury Trial, Feb. 15, 2024. Forfeiture, Forfeiture Money Judgments, Jury Trial.
- Sixth Circuit Announces Due Process Right to ‘Prompt’ Post-Seizure Hearing While Government Deciding Whether to Initiate Forfeiture Proceedings and Holds Wayne County’s Vehicle Forfeiture Program Violates Due Process, Feb. 15, 2024. Forfeiture.
- Houston Prosecutors Profit Millions From Cash Illegally Seized, April 15, 2023. Seizure of Prisoner Funds, Forfeiture.
- Theft of Public Funds or Accounting Incompetence? Kansas Police Agencies Can’t Accurately Track Property Forfeitures, Jan. 15, 2023. Forfeiture, Federal Funds.
- Charlotte Is Ground Zero for New FBI Asset Forfeiture Tip Line Program, Jan. 15, 2023. Forfeiture.
- Sixth Circuit Announces Criminal Forfeiture Under Fed. R. Crim. P. 32.2(b) Is Mandatory Claims-Processing Rule, Reverses $62.5 Million Money Judgments, Dec. 15, 2022. Forfeiture, Sentence and Judgement.
- Maine Now Requires Criminal Conviction Before Property May Be Forfeited, May 15, 2022. Forfeiture.
- Filmmaker Got Back His $69,000 ‘Stolen’ by DEA Agent, Plus a $15,000 Settlement, May 15, 2022. Settlements, Forfeiture, Civil Asset Forfeiture Reform Act (CAFRA), Transportation Security Administration (TSA).
- Digital Tyranny: Beware of the Government’s Push for a Digital Currency, May 1, 2022. Forfeiture.