Supremes Deliver Smackdown on Civil Asset Forfeiture

Supremes Deliver Smackdown on Civil Asset Forfeiture By Jon Miltimore The Supreme Court on Wednesday unanimously ruled that state and local governments are subject to constitutional prohibitions on “excessive fines” on citizens. This decision will provide Americans robust constitutional protection against exorbitant fines imposed by local governments. “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…

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New Colorado Law Expands Asset Forfeiture Reforms

New Colorado Law Expands Asset Forfeiture Reforms By Michael Maharrey DENVER, Colo. (Sept. 1, 2018) – Today, a new Colorado law went into effect expanding asset forfeiture reporting requirements instituted last year.  Rep. Leslie Herod (D-Denver) sponsored House Bill 1020 (HB1020) on Jan. 10. The legislation expands asset forfeiture reporting requirements by redefining the agencies required to submit reports. Last year, Hickenlooper signed a bill into law that instituted extensive reporting requirements for any agency seizing property under the state’s asset forfeiture laws. It also took a big step toward closing a…

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New Colorado Law Expands Asset Forfeiture Reforms

New Colorado Law Expands Asset Forfeiture Reforms By Michael Maharrey On Tuesday, Colorado Gov. John Hickenlooper signed a bill into law expanding asset forfeiture reporting requirements instituted last year.  Rep. Leslie Herod (D-Denver) introduced House Bill 1020 (HB1020) on Jan. 10. The legislation expands asset forfeiture reporting requirements by redefining the agencies required to submit reports. Last year, Hickenlooper signed a bill into law that instituted extensive reporting requirements for any agency seizing property under the state’s asset forfeiture laws. It also took a big step toward closing a loophole allowing prosecutors to…

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Missouri Police Using Federal Loophole to Skim Millions in Asset Forfeiture Proceeds

Missouri Police Using Federal Loophole to Skim Millions in Asset Forfeiture Proceeds By Michael Maharrey Missouri police departments do an end-run around strict state asset forfeiture requirements and skim millions of dollars from Missouri schools using a federal loophole to circumvent state law. Missouri has some of the most strict asset forfeiture laws in the country. Prosecutors must get a conviction or a guilty plea before they can proceed with asset forfeiture, and all forfeiture proceeds must go the state’s public education fund. But according to the ACLU, of the $19…

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