Tag Archives: civil forfeiture

Supreme Court Decision on Civil Forfeiture

Supreme Court Deliver Smackdown on Civil Asset Forfeiture

The ruling is a big win for property rights. Civil asset forfeiture is a widespread and unjust practice that often affects the most vulnerable people in American society.

“For good reason, the protection against excessive fines has been a constant shield throughout Anglo-American history: Exorbitant tolls undermine other constitutional liberties,” Justice Ruth Bader Ginsburg wrote. “Excessive fines can be used, for example, to retaliate against or chill the speech of political enemies. . . . Even absent a political motive, fines may be employed in a measure out of accord with the penal goals of retribution and deterrence.”

READ MORE…

City forced to abolish civil asset forfeiture

Philadelphia, PA – (TFTP) The city that has gained a reputation for the egregious civil asset forfeiture practices committed by its police department, will now be forced to dismantle the program altogether, as a result of a lawsuit filed by a family who had their home seized by police after their son was accused of a minor drug crime.

Residents who have been harmed by the Philadelphia Police department’s civil asset forfeiture practices could also receive part of $3 million in compensation. Markela and Chris Sourovelis initially filed a lawsuit in 2014 after their son was caught trying to sell $40 in heroin on the street.

The parents complied with the judge and took their son to a court-ordered rehabilitation treatment. But when they returned home, they found that police had locked them out of their house.

The Sourovelis family’s home was seized by police even though there was no evidence that the parents had any knowledge of their son’s attempt to sell drugs, and there was no evidence that the parents or any other family members had engaged in any kind of drug-related activity deemed “illegal” by the state.

Read article

VLA COMMENT: More than a local policy of forfeiture…this is happening in every state. Police take courses in how to succeed in Forfeiture.  Here is an example:

A 64-year-old put his life savings in his carry-on. U.S. Customs took it without charging him with a crime.

A 64-year-old Cleveland man is suing U.S. Customs and Border Protection after agents strip-searched him at an airport in October and took more than $58,000 in cash from him without charging him with any crime, according to a federal lawsuit filed this week in Ohio.

Customs agents seized the money through a process known as civil asset forfeiture, a law enforcement technique that allows authorities to take cash and property from people who are never convicted or even charged with a crime. The practice is widespread at the federal level. In 2017, federal authorities seized more than $2 billion in assets from people, a net loss similar in size to annual losses from residential burglaries in the United States.

READ MORE…