Civil Asset Forfeiture Flashcards

1
Q

when can law enforcement permanently seize money/property from someone?

A

whenever they suspect* it is connected to criminal activity

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2
Q

what is civil asset forfeiture?

A

allows police to seize property they think has been involved in criminal activity

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3
Q

how can owners get their property back?

A

they have to prove IT wasn’t involved in criminal activity

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4
Q

big part of its history?

A

war on drugs

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5
Q

what is the justice department equitable sharing program (1984)?

A

seized assets shared & liquidated between state & federal enforcement authorities

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6
Q

transfer what % of assets back?

A

80%

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7
Q

what is standard proof?

A

preponderance of evidence (pretty certain) – most states

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8
Q

some recent changes?

A

24 states have tightened forfeiture laws, 14 require criminal conviction, few states have abolished civil forfeiture laws

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9
Q

what happened in Timbs v. Indiana (2019)?

A

small time drug dealer, seized his Land Rover cuz they claimed he “used it to sell drugs”

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10
Q

what is the story of Mary & Leon Adams?

A

police seized house cuz grandson sold $60 worth of weed

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11
Q

who does civil asset forfeiture laws disproportionately impact?

A

poor/minorities

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12
Q

goofy things departments have used seized money on?

A

boujee coffee maker, clown for bday party

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