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Under typical civil asset forfeiture laws, police can seize property suspected of being connected to illegal activity even if the owner isn't charged with a crime.
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.
A divided Supreme Court ruled Thursday that authorities do not have to provide a quick hearing when they seize cars and other property used in drug crimes, even when the property belongs to so ...
The Supreme Court refuses to tighten the rules when police seize cars.
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 ...
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 ...
On February 17, 2019, Halima Tariffa Culley's son was arrested while driving his mother's car. [2] Police charged Culley with possession of marijuana and seized the car. . Culley's mother was unable to recover the vehicle, and the State of Alabama filed a civil asset forfeiture case against the vehicle. 20 months later, Culley won summary judgment under Alabama's innocent-owner d