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Full-Text Articles in Law
Resolving Civil Forfeiture Disputes, Rishi Batra
Resolving Civil Forfeiture Disputes, Rishi Batra
Faculty Articles
Under a legal process known as civil asset forfeiture, state and federal laws allow law enforcement officials and the government to seize assets from individuals who are not charged with a crime if the property is suspected of being involved in criminal activity. This is true even if the owner of the property is not charged with the underlying crime. Indeed, in 2014, The Washington Post analyzed 400 cases in seventeen states that were examples of civil forfeiture during traffic stops. Police stopped motorists under the pretext of a minor traffic infraction, analyzed the intentions of motorists by assessing nervousness, …
A Municipal Police Officer's Jurisdiction To Arrest Without Warrant, Gerald S. Reamey
A Municipal Police Officer's Jurisdiction To Arrest Without Warrant, Gerald S. Reamey
Faculty Articles
It is difficult to discern the jurisdictional boundaries of a Texas peace officer's warrantless arrest authority. This is due in part to the variety of “peace officers” recognized in Texas law, and in part to the numerous imprecise statutes which govern the issue. Arrest “jurisdiction” may mean the authority to arrest for certain kinds of offenses, or it may refer to the power to make an arrest in a certain territorial area. Territorial jurisdiction is most difficult to resolve in Texas. The determination of whether an arresting officer is a “peace officer,” and if so, what kind of officer, is …