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BOP Guards Smuggle Sperm for Mobsters by Gary Hunter BOP Guards Smuggle Sperm For Mobsters by Gary Hunter On March 1, 2002, the U.S. District court for the Middle District of Pennsylvania denied the motion of a mobster's wife requesting the return of her incarcerated husband's sperm. Circumstances leading to …
Article • March 15, 2003 • from PLN March, 2003
Vehicle Forfeited for Smuggling Drugs into Arizona Prison by The Arizona Court of Appeals upheld the forfeiture of a vehicle involved in smuggling drugs into prison. Arizona prisoner Dennis Day convinced his mother Teruko Simmons, to smuggle three grams of marijuana into the prison for him. Simmons drove her 1996 …
Article • September 15, 2002 • from PLN September, 2002
Filed under: Money/Property, Forfeiture
Supreme Court: "Reasonable Attempt" Suffices Absent Actual Notice of Forfeiture by John E Dannenberg by John E. Dannenberg The US Supreme Court held that due process of law was satisfied when a reasonable attempt was made to serve a federal prisoner with a statutory notice of administrative forfeiture of his …
Article • June 15, 2001 • from PLN June, 2001
No Forfeiture Notice Violates Due Process by An en banc majority of the Third Circuit Court of Appeals held that due process is violated when notice of a pending administrative forfeiture proceeding is not sent directly to a pretrial detainee when the detainee's actual whereabouts can be determined. A panel …
Louisiana Sheriff Busted in Private Prison Scheme by In 1990, Dale Rinicker, then Sheriff of East Carroll Parish (county), Louisiana, saw a lot of money being made in the private "rent-a-jail" business and decided he wanted a piece of the action. So cooked up a scheme that would eventually net …
Article • June 15, 2000 • from PLN June, 2000
Marijuana Law, 2nd Edition by Allan Parmelee By Richard Glen Boire, Ronin, 271 pages Review by Allan Parmelee This book is must reading for anyone interested in knowing what their rights are when dealing with police in general as well as every aspect of the law as it concerns the …
Article • January 15, 2000 • from PLN January, 2000
Drug Seizures Pay for Death Celebrations by In 1998 the East Baton Rouge District Attorney's Office shelled out $1,291.27 for steak dinners to celebrate three death penalty verdicts. The DA's office used money and other assets seized in drug arrests to bankroll the celebratory dinners at a local steak house. …
Article • September 15, 1999 • from PLN September, 1999
No Court Access Right to Litigate Civil Forfeiture by The U.S. court of appeals for the Eleventh Circuit held that prisoners do not have an access-to-court right to defend against civil forfeiture. The court also accorded qualified immunity, sua sponte, to all defendants on the prisoner's conditions of confinement claims. …
Cases of Interest From the U.S. Supreme Court's 1997-98 Term by Forfeitures: In a federal criminal case the supreme court held that the Excessive Fines clause of the Eighth amendment prohibits "grossly disproportionate" forfeitures of funds. The court held that forfeitures are "fines'' if they are punishment for a crime. …
Article • September 15, 1996 • from PLN September, 1996
Supreme Court Closes Double Jeopardy Door by Jeffrey Steinborn "Counsel, are you trying to show contempt for this court?" "No, your honor, I'm doing my best to conceal it." -- Attributed to Clarence Darrow in the Scopes "Monkey Trial" He had a point. Some days it's tough to conceal it. …
Article • September 15, 1996 • from PLN September, 1996
Filed under: Money/Property, Forfeiture
Iowa State Court Rules on Forfeiture by Michael Brant The Iowa supreme court recently ruled that civil forfeiture of cash proceeds from illegal drug sales was not punishment for double jeopardy application, reversing the district court's decision that dismissed the state prosecution of a drug charge, since it occurred after …
Article • March 15, 1996 • from PLN March, 1996
Filed under: Money/Property, Forfeiture
US Supreme Court Grants Review in Forfeiture Cases by On January 12, 1996, the US supreme court granted certiori and agreed to rule on a trilogy of forfeiture cases. The cases are: Degen v. U.S ., Case No. 95-173, which involves the question of whether a foreign property owner waives …
Article • September 15, 1995 • from PLN September, 1995
Civil Forfeiture and Criminal Prosecution as Double Jeopardy by Jeffrey Steinborn They did it. That's right- your Government did it. Having been warned by their lawyers of the constitutional defects (and inherent unfairness) in their policy of impoverishing a drug defendant through civil forfeiture, then prosecuting him or her with …
Article • June 15, 1995 • from PLN June, 1995
Forfeiture and Double Jeopardy by Jeffrey Steinborn This new book, of the same title, by attorneys Brenda Grantland, Jeffrey Steinborn and Reba Weiss is subtitled "How to turn prosecutorial overreaching into release of prisoners or return of seized property." The Attorneys are experts in the field of forfeiture law and …
Article • April 15, 1995 • from PLN April, 1995
Forfeiture Violates Double Jeopardy by In the November 1994 issue of PLN (Vol. 5, No. 11) we reported on the abuse of asset forfeiture laws by law enforcement agencies more interested in monetary gain than in any legitimate measure of justice. Shortly after that article went to press (PLN articles …
Article • November 15, 1994 • from PLN November, 1994
Filed under: Money/Property, Forfeiture
Asset Forfeiture is Dysfunctional Policy by Two sociologists received the l994 Academy of Criminal Justice Sciences Award for their undercover study and critical analysis of asset forfeiture's impact on police procedure. Drug Enforcement 's Double-Edged Sword: An Assessment of Asset Forfeiture Programs, by Mitchell Miller, Tennessee State University, and Lance …
Article • October 15, 1994 • from PLN October, 1994
Florida Prisoners Have Right to Attend Forfeiture Trial by A Florida state prisoner whose property was the subject of a forfeiture proceeding while he was imprisoned had a right under the due process clause of the Florida Constitution to be present at the trial, the Florida Court of Appeals for …
Article • August 15, 1991 • from PLN August, 1991
Drug Profits Fund Prison by The Justice Department Asset Forfeiture Fund has collected more than $1.5 billion in the last six years, including $460 million in cash and property in 1990, a 28 percent increase over 1989, according to U.S. Attorney General Thornburgh. Since the forfeiture fund began in 1985, …
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