Monthly Archives: February 2012

Scary Ruling From The 9th Circuit Court of Appeals: No Clear Title? Then Choose Between Your Liberty And Your Property

Posted on February 28, 2012 by Scott Alexander Meiner — 2 Comments ↓

The Ninth Circuit Court of Appeals has rejected Damon Louis’s appeal of a federal district court’s summary judgment for the government. The district court determined that Louis lacked standing to challenge the forfeiture action of the $133,420 seized from his rented…

Against writs of assistance, 251 years later

Posted on February 24, 2012 by Eapen Thampy — No Comments ↓

Today is the 251st anniversary of James Otis’s famous five-hour oration against King George II’s Writs of Assistance at the Boston Old State House in Paxton’s Case. In this case, 53 Boston merchants who challenged the search and seizure powers…

Tagged with: America, Boston, James Otis, John Adams, King George II, National Oceanic & Atmospheric Administration, Old State House, Paxton's Case, Writs of Assistance
Posted in Uncategorized

Congress already passed a law that forbids the DOJ from taking the Motel Caswell. The DOJ is ignoring it.

Posted on February 19, 2012 by Scott Alexander Meiner — No Comments ↓

Congress passed the Civil Asset Forfeiture Reform Act of 2000 (CAFRA), in part, to stop government agencies from using civil asset forfeiture as a leaner, and meaner, eminent domain. And while many of Henry Hyde’s reforms were watered down, or disposed…

MA: US Sen. Scott Brown (R-MA) slams NOAA agency head Lubchenco for “booze cruise” luxury boat purchased with forfeiture slush fund

Posted on February 18, 2012 by Eapen Thampy — No Comments ↓

SouthCoastToday.com reports: Rather than “undercover” work, a $300,787 luxury power boat purchased with money from the asset forfeiture fund was used mainly as a pleasure boat for “booze cruise” excursions by NOAA fisheries agents in the Pacific Northwest, according to…

Tagged with: Jane Lubchenco, Massachusetts, NOAA, US Senator Scott Brown
Posted in federal

U.S. Customs and Border Protection Wants Discretion To Eliminate Newspaper Notice

Posted on February 15, 2012 by Scott Alexander Meiner — No Comments ↓

U.S. Customs and Border Protection is seeking authority to eliminate requirements that it post notice of seizures in local and port newspapers. Current regulations require “administrative seizure and forfeiture notices for at least three successive weeks in a newspaper circulated at…

Tagged with: CBP, civil asset forfeiture, Customs Border Patrol, Dusenbery v US, forfeiture, Forfeiture.gov, Public Notice, Timely File, USCBP-2011-0022
Posted in federal

In rare jury nullification victory, Dr. David Allen reclaims his freedom and property from Jackson County MS Sheriff

Posted on February 15, 2012 by Eapen Thampy — No Comments ↓

WLOX 13 in Jackson, Mississippi, reports on an extremely rare victory by a citizen against the government in a civil forfeiture case. The man in question is a physician named David Allen; Allen incidentally credits jury nullification with helping…

Tagged with: District Attorney Anthony N. Lawrence, Dr. David Allen, Jackson County, Mississippi, Sheriff Mike Byrd
Posted in Uncategorized

$25,000 Sheriff’s website an “allowable use of forfeiture funds”

Posted on February 15, 2012 by Eapen Thampy — No Comments ↓

In Loudoun Country, Virginia, Sheriff Mike Chapman wants to spend $25,000 on a new website and $7,500 for “rebranding” the old sheriff’s computer surveillance program (which basically means a $7,500 photoshoot): Money in the asset forfeiture funds is made up…

Tagged with: Broad Run, Loudoun County, Mike Chapman, Shawn Williams, Stephen Simpson, Virginia
Posted in states

Objections to NY’s Revised Forfeiture Bill

Posted on February 14, 2012 by Scott Alexander Meiner — No Comments ↓

Daniel R. Alonso, Chief ADA in the NY County District Attorney’s Office has authored a rebuttal to Thomas O’brien’s concerns regarding New York’s new forfeiture bill. He points out that substantial process concerns have been added, at the suggestion of state prosecutors. He’s right. But that…

Tagged with: 2012-13, Article 62, Budget Bill, Criminal Forfeiture, forfeiture, New York, New York's Forfeiture Proposal, Objections, Part E, Warrantless
Posted in states

Notes on New York’s revised forfeiture proposal

Posted on February 13, 2012 by Scott Alexander Meiner — No Comments ↓

The revised version of New York’s post-conviction forfeiture proposal adds substantive process concerns echoing some of the good parts of CAFRA and addressing some of the criticisms that we’ve been leveling. The revisions still need work though. The revisions haven’t…

Tagged with: 2012-13, Article 62, Budget Bill, CAFRA, Criminal Forfeiture, forfeiture, Horton v California, Krimstock v Kelly, New York, New York's Forfeiture Proposal, Part E, Thomas O'brien, Warrant Language
Posted in states

Private, Subsidized Cartels

Posted on February 6, 2012 by Scott Alexander Meiner — No Comments ↓

ICE announced a record haul at the annual Immigration and Customs Super Bowl press conference. The joint press conference between the NFL, Immigration Customs Enforcement (ICE), and US Customs Border Protection (CBP) claimed $4.8 million in NFL related seizures, 307…

Tagged with: Carlos Linare, CBP, Chanel, Dajaz1, Dajaz1.com, forfeiture, ICE, Kent J. Dawson, NFL, Operation Fake Sweep, Puerto 80, Rojadirecta, Super Bowl
Posted in Uncategorized

Indiana is attempting to forfeit the piggy bank of a 10-year old child.

Posted on February 3, 2012 by Scott Alexander Meiner — No Comments ↓

The State of Indiana is attempting to block the return of a 10-year old’s piggy bank. The piggy bank was seized as part of a raid of Russell Hill’s home after Hill was stopped, relieved of his cash and vehicle,…

Tagged with: forfeiture, Gambling, Indiana, Piggy Bank, Russell Hill, Steve Sonnega
Posted in Uncategorized

Kortlander’s Stand

Posted on February 1, 2012 by Scott Alexander Meiner — 1 Comment ↓

The U.S. Government recently filed a 71 page motion to dismiss Christopher Kortlander’s suit asking for $188 million in damages from the United States of America. The government’s motion to dismiss will likely be successful. However, Kortlander’s ordeal warrants attention.…