The U.S. Ninth Circuit Court of Appeals has ruled that three Fresno police officers accused of stealing more than $225,000 while executing a search warrant are entitled to “qualified immunity” and therefore can’t be sued.
The judges panel acknowledged that the officers should have recognized the alleged theft was morally wrong, but it concluded that they didn’t violate the Fourth Amendment.
The U.S. government is attempting to seize $16.5 million in bank funds belonging to the operators of the now-shuttered Backpage.com. These funds are held in an offshore bank account, sources say.
The seven defendants named in the complaint are Michael Lacey, 69, of Paradise Valley, Arizona; James Larkin, 68, of Paradise Valley, Arizona; Scott Spear, 67, of Scottsdale, Arizona; John “Jed” Brunst, 66, of Phoenix, Arizona; Daniel Hyer, 49, of Dallas, Texas; Andrew Padilla, 45, and Joye Vaught, 37, of Addison, Texas.
With all of the controversy revolving around civil asset forfeiture in recent years, support for such policies is hard to find. In fact, any story that mentions the policies is almost sure to talk about a grave injustice has been done to the victim of the forfeiture.
To be sure, the actual of examples of abuse of civil asset forfeiture laws are plentiful. However, that does not stop proponents of civil asset forfeiture from remaining adamant that the laws are an overall good for society. An Alabama District Attorney and an Alabama Sheriff are the latest to speak out in defense of civil asset forfeiture, which comes as the Alabama Legislature begins considering legislation that would drastically change the way civil asset forfeitures are handled in Alabama in favor of civilians. Continue reading
Civil asset forfeiture has gotten more attention in recent years as innocent victims’ stories make national headlines: A Wisconsin man had his life savings taken away by police based on no evidence, money he had planned to open a music studio with; an Alabama car dealer had his reputation and business forever tainted by the seizure and subsequent prosecution of his assets.
But civil asset forfeiture hasn’t always taken this form, and its potential for abuse largely depends on which state one resides in. In fact, civil asset forfeiture has a long history going back to the Middle Ages. Continue reading
Reacting to the push from the Department of Justice under Jeff Sessions to increase federal power over civil asset forfeiture, Congress seems to be pushing back. A bipartisan effort to peel back the federal government’s civil asset forfeiture programs is gaining traction with Congress members.
At a time when disagreements between the two major parties has led to a federal government shutdown, it’s surprising to see some agreement on major policy reform. But a bipartisan push from two Representatives from different parties and regions of the United States could just be the tip of the iceberg in federal civil forfeiture reform.
Criminal Defense and Civil Forfeiture Blog