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But media investigations and civil liberties groups have documented for years how innocent owners like Lara bear the burden of going to court to prove their innocence after their property is ...
The plaintiffs each had their property seized by D.C.'s Metropolitan Police Department (MPD). Five of the plaintiffs were arrested during a Black Lives Matter protest in the Adams Morgan ...
The Supreme Court refuses to tighten the rules when police seize cars.
What has caused controversy is when the property of innocent persons is seized by police who believe that the seized items were involved in criminal activity. A June 2019 study found that more equitable sharing funds do not translate into more crimes solved, not improving overall police effectiveness. Such funds also do not lead to less drug use.
If it is successful, the owner may yet prevail by establishing an "innocent owner" defense. Federal civil forfeiture cases usually start with a seizure of property followed by the mailing of a notice of seizure from the seizing agency (generally the DEA or FBI) to the owner. The owner then has 35 days to file a claim with the seizing agency.
The owner of the property that is taken by the government must be justly compensated. When determining the amount that must be paid, the government does not need to take into account any speculative schemes in which the owner claims the property was intended to be used. Normally, the fair market value of the property determines "just ...
Nevada Highway Patrol (NHP) used a legal loophole that allowed police officers to seize property under state law and then process it federally. When doing this, NHP received up to 80% of the ...
The U.S. Supreme Court on Thursday reinforced the power of law enforcement authorities to retain seized property belonging to people not charged with a crime, ruling in favor of Alabama officials ...