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Article • July 28, 2017 • from PLN August, 2017
Policing for Profit: Law Enforcement Agencies Abuse Civil Asset Forfeiture by Matthew Clarke by Matt Clarke While crime may not pay, policing can be very profitable when law enforcement agencies are allowed to seize assets not only from criminals but also people merely suspected of breaking the law. No criminal ...
From the Editor by Paul Wright by Paul Wright As the summer months wear on we are again reporting on the ongoing outrage of American prisons that are deliberately built without air conditioning in some of the hottest parts of the country. As an article in this issue of PLN ...
Article • July 28, 2017 • from PLN August, 2017
Breaking News: U.S. Attorney General Reinstates Federal Asset Forfeiture Sharing, with Conditions by Derek Gilna by Derek Gilna As noted in this issue's cover story, due to past abuses, restrictions were placed on the federal equitable sharing program in which state and local law enforcement agencies could partner with federal ...
Brief • July 12, 2017
Lipford v. City of Chicago, IL, Amended Complaint, Illegal Police Search, 2016 Case: 1:15-cv-06988 Document #: 45 Filed: 01/21/16 Page 1 of 8 PageID #:172 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION MICHAEL LIPFORD, Plaintiff, v. 15 CV 6988 CITY OF CHICAGO, G. ...
Brief • June 29, 2017
Davis v. State of Ohio, OH, Complaint, Wrongful Incarceration, 2016 1 -~: 'o"PlG~~ FILED t IN THE COURT OF CLAIMS OF OHIO r~ FRANK C. DAVIS 15211 Martin Glen Terrace Midlothian, Virginia 23112, Plaintiff, vs. STATE OF OHIO Serve: Ohio Attorney General MikeDeWine 30 East Broad Street, 17th Floor Columbus, ...
Brief • June 29, 2017
Davis v. State of Ohio, OH, Settlement, Wrongful Incarceration, 2017 -... ' . IN THE OHIO COURT OF CLAIMS FRANK C. DAVIS Plaintiff Case No. 2016-00251-WI Judge Patrick M. McGrath Magistrate Holly T. Shaver v. STATE OF OHIO SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS Defendant l. This Settlement Agreement ...
Article • March 14, 2017
Convicted Oregon Teachers Collect $10.8 Million Annual Pensions at Taxpayer Expense by Oregon teachers who sexually abuse students or commit other felonies still receive sizeable pensions, at a cost to taxpayers of at least $10.8 million annually, according to Freedom Foundation Oregon, a "think and action tank promoting individual liberty, ...
Arkansas Court of Appeals Upholds Civil Forfeiture Ruling by On May 4, 2016, the Arkansas Court of Appeals upheld a lower court’s order for the civil forfeiture of nearly $20,000 seized from Guillermo Espinoza during a July 2013 traffic stop. Espinoza was never charged with a crime and prosecutors eventually ...
Article • March 30, 2016
Filed under: Forfeiture
Forfeiture Procedural Requirements Require Strict Compliance in Tennessee by The Tennessee Supreme Court has held that in forfeiture proceedings, the governmental agency seeking forfeiture must present affirmative proof that it has complied with both the procedural and substantive requirements of the forfeiture statutes. The ruling came in a suit filed ...
Article • September 25, 2015 • from PLN October, 2015
Filed under: Restitution, Forfeiture
Ninth Circuit Finds Forfeited Assets Satisfy Restitution Order; Eleventh Circuit Disagrees by Derek Gilna Ninth Circuit Finds Forfeited Assets Satisfy Restitution Order; Eleventh Circuit Disagrees by Derek Gilna Greg Carter served a 70-month federal prison sentence for defrauding U.S. airlines with phony tickets, along with several co-defendants. As part of ...
The Genesis of Increasing Incidents of Police Brutality: The War on Drugs by Bill Trine The Genesis of Increasing Incidents of Police Brutality: The War on Drugs By Bill Trine What is the cause of the spiraling increase in police assaults on people whom they should help to protect --- ...
Article • May 20, 2014 • from PLN May, 2014
California: Surety Entitled to Exoneration of Bail Bond Forfeited as a Result of Defendant’s Deportation by Michael Brodheim California: Surety Entitled to Exoneration of Bail Bond Forfeited as a Result of Defendant’s Deportation   by Michael Brodheim   The California Court of Appeal has held that a bail surety did ...
Article • May 15, 2013 • from PLN May, 2013
Governmental Highway Robbery: Asset Forfeiture and the Pillaging of the American People by John W. Whitehead This is the problem when police officers and police departments have a financial interest in doing their job. We got rid of bounty hunters because they were not a good thing. This is modern ...
Article • April 15, 2012 • from PLN April, 2012
Indiana Prosecutor Disciplined for Conflict of Interest by Matthew Clarke by Matt Clarke Delaware County, Indiana prosecutor Mark R. McKinney was suspended from practicing law for 120 days beginning on July 28, 2011. He was disciplined for engaging in professional misconduct by handling criminal prosecutions and civil forfeiture cases involving ...
Article • July 15, 2011
Administrative Forfeiture of Assets Requires Notice by The Fifth Circuit Court of Appeals has held that an evidentiary hearing must be held to determine if constitutional notice was given by the Drug Enforcement Agency (DEA) to administratively forfeit $13,000. That holding comes after a Mississippi federal district court held the ...
Article • December 15, 2009
Court Okays Sale Of Unabomber’s Property by The U.S. Court of Appeals for the Ninth Circuit has rejected an appeal by Theodore Kaczynski, better known as the “Unabomber,” challenging the sale and disposition of Kaczynski’s personal property that was seized during the underlying investigation into his bombings. In 2006, the ...
Article • August 15, 2008
Federal Forfeiture Law Application Reversed by Harold and Kathleen von Hofe, both Connecticut state prison guards, were arrested after sixty-five marijuana plants were discovered in their basement. Harold pled guilty to manufacturing a controlled substance, a felony, and Kathleen pled guilty to misdemeanor possession of the same. The federal government ...
Article • May 15, 2008
Prisoner Must Have Notice of Forfeiture; Sanctions Denied for Lying Prison Official by A prisoner alleged that he never received notice of forfeiture which was signed for by a prison official, had the return receipt marked by a prison official, and the notice marked as delivered. Notice of forfeiture must ...
Article • December 15, 2007
Heck Applies to Suits Over Seized Property by Heck v. Humphrey applies to pending criminal cases as well as to convictions, so a plaintiff's 1983 claim arising from the seizure of property on which a dismissed criminal case was based does not accrue until the dismissal. A claim of sale ...
Article • May 15, 2007
Pre Forfeiture Seizure of DUI Vehicles Illegal by New York City's provision for seizure of motor vehicles of those accused of DWI pending forfeiture proceedings denies due process. (Arrests for misdemeanor DWI are not supported by an independent determination of probable cause.) At 43: "A car or truck is often ...
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