Asset Forfeiture Archives

The Federal Loophole That Fuels Asset Forfeiture Nationwide

January 2, 2025 Mike Maharrey

A federal asset forfeiture program known as equitable sharing provides law enforcement agencies with a major loophole, allowing them to continue seizing property almost unabated – even when state laws seek to limit such practices. WHAT IS ASSET FORFEITURE? Civil asset forfeiture is the process by which governments seize cash or property that was allegedly … Read more

Canadian Province: We Can Stop Crime By Being The Criminals

November 25, 2022 Steve MacDonald

If taxation is theft (it is), then what’s this? “[A] forthcoming new law that would permit the government to take away one’s property or goods prior to being charged with a crime.”

AFP-NH Puts a Focus on 10 Key Legislative Priorities for 2021

January 30, 2021January 30, 2021 Steve MacDonald

Last week American’s for Prosperity New Hampshire published a list of legislative priorities for the Granite State in 2021. They’ve put a much-needed focus on ten pieces of legislation covering Education, Licensing, Free Speech, Asset Forfeiture, Health Care, and (believe it or not) Climate Change (sort of).

Did House Democrats Just Undermine Their Premise Behind Red Flag Laws?

September 24, 2019 Steve MacDonald

The left is committed to disarming Americans. The Democrat Majority House is pushing federal Red Flag laws that would let the police take people’s stuff on a whim. But when Republicans suggested adding known gang-bangers to any list, the Dems blocked it.

Asset Forfeiture Funds Local District Attorney’s Fancy Lifestyle

April 7, 2019 Steve MacDonald

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.

Federal Asset Forfeiture Program Helps Local Police Steal

December 29, 2018 Steve MacDonald

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.

Asset Forfeiture v. The 8th Amendment Reaches the US Supreme Court

November 26, 2018 Steve MacDonald

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.

Albuquerque Forfeiture Case Could Have National Implications

September 26, 2018August 2, 2018 Steve MacDonald

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 the practice should be prohibited from sea to shining sea.

We Just Added Transparency to New Hampshire’s Forfeiture Laws

September 26, 2018June 23, 2018 Steve MacDonald

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.

SCOTUS Will Hear Case That Could Subject Asset Forfeiture to 8th Amendment

September 26, 2018June 20, 2018 Steve MacDonald

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 Supreme Court decides that the Clause does apply against the states, it will also have to consider exactly what kinds of fines qualify as “excessive” and to what extent the Clause applies to asset forfeitures, as well as more conventional fines.

Iowa Supreme Court Rules Civil Forfeiture Laws Violate Fifth Amendment

September 26, 2018May 31, 2018 Steve MacDonald

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 identity of the transferor, the circumstances of the claimant’s acquisition.” Refusing to comply can result in the property forfeited to the state. Yet those forced disclosures may reveal information that could incriminate the owner or trigger a perjury trap, which would violate the Fifth Amendment.

Hemp For Victory

July 15, 2024February 25, 2015 Steve MacDonald

Kirk and Kevin continue with part II on civil asset forfeiture, presumption of guilt, problems with the House clerk, the current Industrial hemp bill (Hemp for Victory!), labeling poker as a game of skill, video slot machines, and of course…Beer.

Now A Message About Asset Fortfeiture

July 15, 2024February 23, 2015 Steve MacDonald

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)

GrokTALK! February 21st, 2015

July 15, 2024February 21, 2015 Steve MacDonald

This week we talk about mini-dictator Shawn Jasper and the consent calendar; House leaderships approach to legislation they don’t want to defend; some painful facts about civil Asset Forfeiture and the NH House clerks office, and some good things about Industrial Hemp, Beer, the NH House clerk with Kevin Bloom and Kirk McNeil; we talk … Read more