Search Results for: forfeiture
Latest Forfeiture Ruling by SCOTUS: What Does It Mean for Texas Criminal Defense?
Timbs v. Indiana is the first step in ending state-wide forfeiture abuse In an opinion written by Justice Ginsburg with two concurrences filed by Justice Gorsuch and Justice Thomas, the Supreme Court of the United States (SCOTUS) vacated and remanded the judgment of the Indiana Supreme Court in Timbs v. Indiana on February 20, 2019….Share This
Will Forfeiture Actions be Held Unconstitutional? SCOTUS Hears Oral Arguments in Timbs v. Indiana
On November 28, 2018, oral argument was heard in Tyson Tibbs v. Indiana, Cause No. 17-1091 before the Supreme Court of the United States. At the SCOTUS site, you can read the full transcript of this oral argument in Tibbs, or download it in various formats (MP3, etc.). This is a forfeiture case. It is…Share This
Federal Forfeiture Reform: 81% Property Seized By DOJ from People Never Charged With a Crime
Last week, the Office of the Inspector General in the Department of Justice published its report on federal civil forfeiture, entitled “Review of the Department’s Oversight of Cash Seizure and Forfeiture Activities.” The full report is available online and has been stored in the Michael Lowe Digital Library for your convenience. Read it here. …Share This
Texas Needs New Asset Forfeiture Law Reform: Spread the Word
Asset forfeiture: yes, we’re back on the stump about it again. First, let’s talk about the status of the pending asset forfeiture reform legislation as of the end of February 2017. We wrote about this proposed legislation right around Christmas; see the details in “Will Texas End Civil Forfeiture in 2017?” 1. Texas Senate On…Share This
Will Texas End Civil Forfeiture in 2017?
Right now, the police can take your property and keep it forever even if you are never convicted of any crime. Things may change soon, though. Here’s the skinny: New Law Proposed to End Civil Forfeiture in Texas In a matter of weeks, state lawmakers will return to Austin for the 85th Biennial Texas Legislative…Share This
Forfeiture Victory for Police: They Can Seize and Keep Assets Even In an Illegal Search Says Texas Supreme Court
Texas law allows the police to take property from someone even if the property owner is never charged, much less convicted of a crime. This is called “civil forfeiture,” it’s allowed under Tex. Code Crim. Proc. Ann. arts. 59.01-.14 et seq., and we’ve discussed this several times before. Lots of people are against civil forfeiture…Share This
Forfeiture Funds are Back as Equitable Sharing Program Gears Up in Dallas County and State of Texas
Back in March, the Department of Justice issued a news release that had to have been met with lots of joy in law enforcement offices all over the State of Texas: the “Equitable Sharing Program” was back, effective immediately! Both the March 28, 2016 Letter Sent by the Department of Justice to State, Local, and…Share This
Update on Law of Asset Forfeitures: Federal and Texas – Are You Any Safer?
As the general public becomes more and more aware, and more and more shocked, over police forfeiture actions – where private property is taken by law enforcement regardless of whether or not the owner has been involved in a crime, much less convicted, there’s been talk about changing forfeiture laws at both the federal and…Share This
Dallas D.A. Forfeiture Funds: The Temptation of All That Stuff and the Craig Watkins Scandal
Here in Dallas, more and more people are aware of how government authorities have been seizing property from people without sufficient judicial process and keeping those assets for their own uses. This is good because forfeiture is a big problem that not enough folk realize exists. We’ve been discussing this problem — the problem of…Share This
Holder’s New Limits on Asset Forfeiture: Big Deal.
Last Friday, U.S. Attorney General Eric Holder revealed new federal limits on asset forfeiture, possibly due to the growing public awareness and criminal defense outcry concerning the shocking ways in which local police departments and various state agencies have been profiting through the seizure of private property without bothering to arrest the property owner. Literally…Share This