Law Commons^™

Commodifying Policing: A Recipe For Community-Police Tensions, Nora V. Demleitner

Scholarly Articles

This Article, in Part II, begins with a description of how municipalities, at least since the recession of 2008, have fallen short of fully funding their departments. Part III focuses on four distinct outside funding components and their impact on policing. The first subsection discusses asset forfeitures, under both state and federal law. Subsection two highlights revenue derived from citations, often in the form of traffic tickets. A discussion of fees that are being added to fines, often to fund courts, probation agencies, and police departments, follows. The increasing amounts and types of fees imposed have substantially increased the burden …

Probable Cause On A Leash, Taylor D. Phipps

Taylor D Phipps

This article develops in four parts. Part II of this article explores the historical evolution of Supreme Court caselaw and the Court’s recent decision in Florida v. Harris.[1] This article attempts to enlighten the Court’s standard in Harris by looking to prior caselaw and discusses why courts should interpret the holding in a way that allows defendants to challenge the legitimacy and accuracy of training and certification programs. If applied incorrectly, Harris will violate the Fourth Amendment and allow searches to occur on less than probable cause. Part III reviews the fallibility of drug detection dogs and the diversity …

Enforcement Of Foreign Restraining Orders, Stefan D. Cassella

Stefan D Cassella

Legislation in the United States now permits the federal courts to register and enforce orders issued by foreign courts for the purpose of preserving assets that are subject to forfeiture under foreign law.

This article discusses the problems the United States encountered when it first attempted to enact and apply legisation designed to facilitate the enforcement of foreign asset-preservation orders, the remedial legislation enacted to address those problems, and the recent success the U.S. government has had under the new legislation in restraining assets at the request of foreign courts so that they may be forfeited under foreign law.

Criminal Forfeiture Procedure In 2013: An Annual Survey Of Developments In The Case Law, Stefan D. Cassella

Stefan D Cassella

This is another in a series of articles on developments in the federal case law relating to criminal forfeiture procedure. It covers the cases decided in 2012 and early 2013. The article begins with the cases that illustrate the concept that criminal forfeiture is part of the defendant’s sentence in a criminal case. It then takes the reader more or less chronologically through the litigation of a case, beginning with the seizure and restraint of the property and continuing through the trial and sentencing of the defendant and the adjudication of third-party issues in the post-trial ancillary proceeding. Except in …

Friction In Reconciling Criminal Forfeiture And Bankruptcy: The Criminal Forfeiture Part, Sarah N. Welling, Jane Lyle Hord

Law Faculty Scholarly Articles

The federal government uses two general types of asset forfeiture, criminal and civil. This Article addresses criminal forfeiture, which allows the government to take property from defendants when they are convicted of crimes. It is “an aspect of punishment imposed following conviction of a substantive criminal offense.” The goal of this Article is to give an overview of the forfeiture process, specifically in relation to claims victims and creditors might assert as third-party claimants.

Introduction To Defending Civil Forfeiture Cases Under Chapter 59, Charles B. Frye

Charles B Frye

A general introduction to defending civil asset forfeiture cases in Texas state courts.

Asset Forfeiture And Animal Cruelty: Making One Of The Most Powerful Tools In The Law Work For The Most Powerless Members Of Society, Amy A. Breyer

Animal Law Review

Animals have historically been one of the most vulnerable segments of society to crime due both to their status as property and their inability to aduocate for themselves. While this has long worked to their disadvantage, developments in an area ofjurisprudence where criminal and property law merge now offer an unprecedented possibility. Forfeiture laws have become one of the most powerful and effective tools in the war against crime. The principles and precedents that have emerged from asset forfeiture are aptly suited to application in the animal cruelty context as well. This article discusses asset forfeiture and animal cruelty, offering …

Should Courts Impose Rico's Pretrial Restraint Measures On Substitute Assets?, James M. Rosenthal

Michigan Law Review

This Note argues that courts should not apply RICO's pretrial restraint measures to substitute assets. Part I examines the text of RICO's forfeiture provisions in light of recent rulings by the Supreme Court providing guidance in interpreting the statute. Part I concludes that the statute's plain meaning limits pretrial restraint measures to tainted assets. Part II examines language in the legislative history of an earlier attempt to add a substitute asset provision to RICO and in the 1984 change from broad to specific language in the pretrial restraint provision. From this language, Part II concludes that Congress did not intend …

Defining Excessiveness: Applying The Eighth Amendment To Civil Forfeiture After Austin V. United States, Sarah N. Welling, Medrith Lee Hager

Law Faculty Scholarly Articles

In 1971, agents of the federal government seized a $20,000 yaught after finding a small quantity of marijuana on board. Ten years later government agents confiscated a twenty-eight foot boat that held drugs consisting of one marijuana twig and two marijuana leaves. Since then, the government has taken possession of a $250,000 home because a drug transaction occurred in a car parked in the driveway and of a smaller dwelling because the owner used the telephone inside to set up a drug deal at another location. In another incident, local, county, state, and federal agents shot and killed the owner …