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Tag Archives: Fifth Amendment
Asset forfeiture in The Economist
Nice paragraph today, the rest of the article is worth a read: IN 2010 federal prosecutors seized nearly $2 billion in forfeited assets—that is, property deemed to be used in or derived from a crime. That is more than six … Continue reading
Posted in Uncategorized
Tagged Fifth Amendment, Institute for Justice, The Economist
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Scary Ruling From The 9th Circuit Court of Appeals: No Clear Title? Then Choose Between Your Liberty And Your Property
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 … Continue reading
Posted in federal
Tagged $133, 18 U.S.C. § 981, 18 USC § 983, 21 U.S.C. §881, 420, Appeal, Arizona, Chavez v. Martinez, Currency Sniff, Damon Louis, David Michael, Dog Sniff, Drug Dog, Federal, Federal Rules of Civil Procedure, Fifth Amendment, First Amendment, Fourth Amendment, Griffin v. California, Lefkowitz v. Cunningham, Lefkowitz v. Turley, Lujan v. Defenders of Wildlife, NACDL, Ninth Circuit Court of Appeals, Richard J. Troberman, Rule G(6), Standing, Summary Judgment, upplemental Rules for Certain Admiralty or Maritime Claims
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Thoughts on due process rights and civil forfeiture actions
So here are a couple ideas I’ve been kicking around on civil forfeiture. I haven’t seen legal challenges made in this direction, or at least I haven’t seen decisions seriously discuss these issues, since most forfeiture proceedings are either administrative … Continue reading
Posted in Uncategorized
Tagged due process, Fifth Amendment, Fourteenth Amendment, right to counsel, vagueness
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