There are more things wrong with asset forfeiture than not. Browse the library on the topic if that’s not clear. But one of the most significant issues is the incentive to abuse it to pad the coffers. The more assets you seize the greater your cut. And then there’s this dirtbag.
The US Supreme Court has ruled that the 8th amendment’s prohibition on excessive fines applies to the states in a case on asset forfeiture. It’s not a close call. The vote was 9-0. “Held: The Eighth Amendment’s Excessive Fines Clause is an incorporated protection applicable to the States under the Fourteenth Amendment’s Due Process Clause.”
GtokTV – Michael Boldin from the Tenth Amendment Center explains how Federal Asset Forfeiture rules allow local police departments to thwart state and local restrictions prohibiting the practice of seizing property and charging ‘it’ with a crime.
It has been 5-months since we shared the news. The Supreme Court agreed to hear an Asset Forfeiture challenge. The case will address the question of whether the Excessive Fines Clause of the Eighth Amendment applies to states.
The Stop Asset Forfeiture folks should take note. Yesterday, the Supreme Court decided to consider Timbs v. Indiana, an important constitutional property rights case. As my co-blogger Eugene Volokh and Reason’s Damon Root explain, the case will address the question of whether the Excessive Fines Clause of the Eighth Amendment applies against states, as well as the federal government. If the … Read more
People are getting excited (with good reason) that Democrat Governor Hassan signed criminal asset forfeiture reform in New Hampshire, (Forbes) New Hampshire became the latest state to roll back civil forfeiture, which allows law enforcement to seize and keep property without ever filing criminal charges. Under legislation signed by Gov. Maggie Hassan on Friday, the … Read more
The Supreme Court decision in Luis v. United States addresses the governments ability to seize assets from a suspect that cannot be connected to the case and specifically, that the pretrial restraint of a criminal defendant’s legitimate, untainted assets needed to retain her counsel of choice violates the Sixth Amendment. Justice Breyer, in a 5-3 decision, wrote that, The … Read more
The Washington Monument Syndrome is the typical response when a bureaucracy is denied its funding – it ALWAYS goes after the most newest and brightest Shiny Object – and then either deny access to it by taxpayers (e.g., close the W.M. to tourists) or declare DISASTER if their funding is denied. And in this case, … Read more
Institute for Justice Report, maps, and more can be found here.
One of the most unadvertised law enforcement practices in New Hampshire, and across the nation, is civil asset forfeiture. This is when the people enforcing the law charge your property with a crime without ever actually charging you with one. You are a person of interest but your property is placed into protective custody where … Read more
John Oliver makes the absurd funny so it is worth the watch, but as you watch remember that in NH the police are on the record (in committee testimony) claiming both that they don’t do THIS, and that if the legislature stopped them from doing what they say they are “not doing” they would lose … Read more
Update: I am told that this has been resolved. You no longer need to contact the chair or the committee members about allowing a fair hearing. Original post on the jump.
According to the Institute for Justice, New Hampshire seizes an average of $900,000.00 dollars a year in private property under Civil Asset Forfeiture laws, which give law enforcement the power to permanently seize and keep your cash, cars, property, any asset at all, by simply claiming that it is suspected of being involved in a … Read more
New Hampshire has made great strides at the state level with regard to Asset Forfeiture. But many states, and more importantly the federal government, still engage in the practice of seizing property for themselves. A federal judge in Albuquerque, New Mexico just wrote a decision that while limited to local seizures, makes a great case for why … Read more
Back on June 8th, amidst a pile of 75 bills signed by Governor Sununu, was SB 498. An Act requiring an annual report detailing activity related to forfeiture of personal property. This bill requires the attorney general to post an annual report on the department’s website detailing activity related to forfeiture of personal property.
From Forbes.com care of Kevin Bloom, the Iowa Supreme Court has ruled that the state’s Civil Asset Forfeiture laws violate the Fifth Amendment to the constitution. Under state law, property owners who want to reclaim their seized property must fully disclose “the nature and extent” of their interest in the property, as well as “the date, the … Read more
HB636 This bill limits forfeiture to cases in which the state has found by clear and convincing evidence that the property was derived from, or used in, the commission of a crime. The bill also requires the state to deposit proceeds from forfeited property in the general fund. This is great News! H/T Mike … Read more
Next Tuesday, January 12th, there is an event at the Radisson Double Tree Hotel in Manchester; Life, Liberty, And Property: Civil Forfeiture in New Hampshire. The event moderator is Jon Stossel. The panelists are Giles Bissonnette, Brad Cates, Robert A. Picolla, and Vikrant Reddy. There is a reception following the panel discussion. The topic is civil asset … Read more
Tuesday the NH House Judiciary Committee held an Exec Session on HB636, asset forfeiture reform. It came out shiny. This c/o Kevin over at the Reform Asset Forfeiture Faceook Page, which you can join, btw. HB 636, the Asset Forfeiture Reform bill, just came out of Executive Session in the House, 14-5! Congratulations to Michael … Read more
The police testified before the legislature that 1) they never really do that civil asset forfeiture thing but 2) if the legislature took it away from them they’d lose a lot of revenue? Want to hear more? (Part one) Listen to the entire podcast here. Follow us on YouTube, USTREAM, Facebook, and Twitter …and … Read more