Amid fear of rising crime, let's take a careful and deliberate approach—lest innocent people lose their rights and property.
Civil Asset Forfeiture
Unfortunately, Willis’s Fulton County includes assets seized from non-prosecutors in its budget.
An Alabama Couple's Lives Were Upended by an Unconstitutional Police Raid. A Jury Awarded Them $1 Million.
Greg and Teresa Almond lost their house and livelihood over a misdemeanor drug crime. Sheriff's deputies never got a warrant to search their house.
A federal judge allowed a lawsuit against the officers to proceed, finding evidence of several constitutional violations.
"It's crazy to me that somebody can be pulled over and have their cash and truck taken for an alleged crime, get acquitted of that crime, but they still never get their property back," Stitt said.
"You've got to be able to demonstrate some level of legitimacy" the head of the National Sheriffs' Association says of carrying large amounts of cash.
FBI Seized $86 Million From People Not Suspected of Any Crime. A Federal Court Will Decide if That's Legal.
On Thursday, a federal appeals court will hear about the FBI's "blatant scheme to circumvent" the Fourth Amendment.
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That prosecutors in the Hoosier State successfully denied people this due process is a reflection of how abusive civil forfeiture can be.
Without a prompt post-seizure hearing, people can lose their property for months or years even when they ultimately get it back.
Sex Crime Victim Denied $69,000 Settlement Because Cops Seized Her Abuser's Cash Through Civil Forfeiture
The outrageous case has led to calls from Congress to pass legislation curbing civil asset forfeiture.
With subplots about bite mark evidence and asset forfeiture, it's a parade of shady cop practices.
An officer conducted the search of Prentiss Jackson's vehicle after claiming he could smell "a little bit of weed." It ultimately resulted in a lengthy prison term.
A federal circuit judge writes that Detroit's vehicle seizure scheme "is simply a money-making venture—one most often used to extort money from those who can least afford it."
Sixth Circuit Rules Owners of Cars Taken by Asset Forfeiture Have Constitutional Right to a Hearing Within Two Weeks of Seizure
The decision provides important protection for property rights, and features a powerful concurring opinion by prominent conservative Judge Amal Thapar.
Cristal Starling lost $8,000 after she missed one of several filing deadlines to contest the seizure of her money by police. A federal appeals court says she and others like her should be given more leeway.
Civil forfeiture is a highly unaccountable practice. The justices have the opportunity to make it a bit less so.
The FAIR Act would be a significant step forward. It just passed the House Judiciary Committee on a unanimous 26-0 vote.
The FAIR Act includes several substantial reforms that would make it harder to take property from innocent owners through civil forfeiture.
Even After Legalization, Maryland Cops Wanted to Search People Based on the Odor of Pot. Legislators Said No.
Police have a long history of using the real or imagined smell of marijuana to justify outrageous invasions.
Just about everybody agrees the practice is legalized theft, but cops and prosecutors oppose change.
The Brookside Police Department’s shakedown of travelers became a national news story and prompted federal lawsuits.
The Court will determine whether the Due Process Clause prevents the government from using asset forfeiture to seize property and hold it for many months without a timely hearing.
The Supreme Court Will Decide Whether You Have a Right to a Prompt Hearing After Cops Seize Your Property
The Supreme Court has agreed to hear two consolidated cases by Alabama women whose cars were both seized for more than a year before courts found they were innocent owners.
'Digidog is out of the pound," New York City Mayor Eric Adams declared, not ominously.
Police detectives accused Jerry Johnson of being a drug trafficker and seized cash he says he intended to use to buy a semitruck at auction. He was never charged with a crime.
Lawsuit: Prosecutors Filed Bogus Charges Against Detroit Man in Retaliation for Challenging Seizure of Car
The Institute for Justice says Robert Reeves' First Amendment rights were violated when prosecutors filed and refiled baseless felony charges against him after he sued to get his car back.
One guy with gambling debts is a news story, but a formal policy of legalized theft is a national scandal.
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These Sisters Tried To Start a Business. Police Seized Their Cash and Accused Them of Being Drug Traffickers
California police seized more than $17,000 from Vera and Apollonia Ward and accused them of laundering drug money, all without charging them with a crime. The two sisters were trying to start a dog-breeding business.
Houston Prosecutors Are Keeping Cash Seized From Defendants Whose Cases Were Compromised by Police Corruption
Even in cases that hinged on the trustworthiness of demonstrably untrustworthy cops, people are still waiting to get their money back.
The Supreme Court's 2018 ruling in Timbs v. Indiana revived the Excessive Fines Clause. Now state courts have to come up with tests to determine what's excessive.
Judge Gary Klausner admits that the FBI probably hid their true motives in rifling through the contents of hundreds of safe deposit boxes, but says that's fine.
Michigan is now a more dangerous place for anyone who flies with large amounts of cash.
A Mom Let Her 7-Year-Old Play in the Park. Arizona Arrested Her and Banned Her From Working With Kids.
Sarra's name was added to the government's official list of unfit caretakers after she briefly ran an errand without her kids in tow.
Prosecutors Who Want Credit for Investigating Police Corruption Are Happy To Steal Money From Innocent People
The Harris County, Texas, District Attorney's Office oversees civil forfeitures that make a mockery of justice.
An Americans for Prosperity Foundation report found that less than a quarter of people who had property seized through asset forfeiture by Kansas police were ever convicted of a crime.
The change represents a substantial reversal of civil forfeiture reforms aimed at protecting innocent property owners.
Michigan Couple Says Town Seized Their Building and Offered To Return It if They Bought Two Cars for Police
"Extortion, there's no other way to explain it," the couple's attorney says.
Sheriff Agrees To Stop Stealing Cannabis Cash From Armored Cars, Saying His Deputies 'Are Not Highway Robbers'
The settlement came after the Justice Department agreed to return more than $1 million in proceeds from state-licensed marijuana businesses in California.
The Feds Will Return More Than $1 Million in Marijuana Money That California Cops Stole From Armored Cars
Empyreal Logistics agreed to drop its claims against the Justice Department, but it is still suing San Bernardino County Sheriff Shannon Dicus.