Preview

Civil Forfeiture: A Legal Case Study

Good Essays
Open Document
Open Document
494 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Civil Forfeiture: A Legal Case Study
There is a significant amount of court cases that show the system is corrupt when it comes to civil forfeiture, but is it a procedural issue or is it “policing for profit?” In 2014, Tan Nguyen left the casino with $50,000 in winnings. He was pulled over by a Nevada Deputy Lee Dove for speeding, and after a search of his vehicle his money was confiscated for no drug related reason, except for the amount of cash. Nguyen had to file an “innocent owner” claim to get his winning back from the county. Humboldt County settled with Nguyen for the full amount being reimbursed, but also received $10,000 to cover attorney fees. This can be considered a possibility of procedural issues in Humboldt County, but then again Deputy Dove may be “policing for profit.” Nguyen’s attorney has a shared settlement when Matt Lee’s $2,400 was confiscated during a routine traffic stop that also resulted in an imaginary link to drugs. There are Oklahoma cases that brought to light that civil asset forfeiture is used for revenue purposes without the actual possibility for criminal activity. A recent case involved a Wagoner County Sheriff Bob Colbert and his Deputy Jeff Gragg, being charged with conspiracy to receive a …show more content…
Eh Wuh is the volunteer ban manager for the Burmese Christian band and happened to have $53,000 in cash on hand. The money was raised by the band for Has Thoo Lei Orphanage in Thailand. During the stop a Sheriff Deputy advised the drug dog alerted on the vehicle and Wuh agree to a search. The Deputy found the cash, but no drugs or paraphernalia in the vehicle. Wuh was detained for six hours before releasing him. The Muskogee County Sheriff’s Department kept the $53,000 claiming it was “drug proceeds.” After filing an “innocent owner” claim, the proceeds were found not guilty under the civil forfeiture law and have been returned to the Burmese Christian

You May Also Find These Documents Helpful

  • Good Essays

    Murrell Denney, Joyce Buis, Rebecca McCollum, and Jewel Snyder were under duty to protect and conserve the resources and moneys of the bank, and safeguard every interest of the institution furnishing them employment; they performed a duty to the bank and the public, for which they cannot claim a reward. The claims of Corbin Reynolds, Julia Reynolds, Alvie Reynolds, and Gene Reynolds fail because they did not follow the procedure as set forth in the offer of reward in that they never filed a claim with the KBA. State Policemen Garret Godby, Johnny Simms, and Tilford Reppert cannot claim or share in the reward because it was their duty as state policement to apprehend the criminals and participate in the prosecution as such. Tilford Reppert is the sole eligible claimant becase at the time of arrest, he was a deputy sheriff in Rockcastle County, but the arrest and recovery of the stolen money took place in Pulaski County. Because he was out of jurisdiction, Reppert was under no legal duty to make the arrest and is thus the only claimant eligible to…

    • 438 Words
    • 2 Pages
    Good Essays
  • Good Essays

    While waiting for a bus in 2014, 2 undercover/plainclothes police officers approached Humberto and accused him of selling drugs. After some discussion they decided he was not selling drugs but instead littering. The officers then gave Humberto the choice of receiving a ticket or being brought down to the police station, he chose the ticket. In protest, Humberto didn’t pay his fine nor did he appear in court. This resulted in a failure to appear charge which caused a littering ticket to become a $2,600.00 fine. After receiving correspondence informing him of his penalty, Humberto still did not go to court because he felt it would be useless since he did not have the $2,600.00.…

    • 1091 Words
    • 5 Pages
    Good Essays
  • Good Essays

    The case Heien v. North Carolina came about on April 29, 2010 when an officer started “following a suspicious vehicle, Sergeant Matt Darisse noticed that only one of the vehicle's brake lights was working and pulled the driver over. While issuing a warning ticket for the broken brake light, Darisse became suspicious of the actions of the two occupants and their answers to his questions. Petitioner Nicholas Brady Heien, the car's owner, gave Darisse consent to search the vehicle. Darisse found cocaine, and Heien was arrested and charged with attempted trafficking.” After denial of his motion to suppress, defendant entered a guilty plea in the North Carolina Superior Court… the North Carolina Court of Appeals reversed…The North…

    • 833 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Facts: Police officers were in pursuit of a suspected drug dealer, and were led to an apartment complex. The officers ended up outside of a certain apartment, were the smell of marijuana emanated. The police knocked loudly, and from inside the apartment they heard movement, and the police believed that the sounds were an indication that evidence was being destroyed. The police announced their intent to enter the apartment, kicked the door down to find drugs and drug paraphernalia in plain sight, and arrested King and others. They continued to search the apartment and came across other evidence. King argued that due to the officers not having a warrant…

    • 997 Words
    • 4 Pages
    Good Essays
  • Good Essays

    A person was wanted for questioning about a recent bombing; this person was hiding in a two-family dwelling. Mapp, the owner on the top floor, refused to let the officers come in without a search warrant. After Mapp refused to immediately let the officers in they broke the door’s glass open and then unlocked and opened the door from the outside. Mapp’s attorney showed up, but the officers wouldn’t let him see his client or go inside the house. Mapp demanded the search warrant. The officer help up a paper claiming to be the warrant and Mapp put the apper in her bosom. Then the officer struggled to retrieve the paper, which he eventually recovered. Mapp was handcuffed for resisting the officer. The officer searched the entire house but all that was recovered was “lwed and lascivious book and pictures”. She was then convicted for having them in her possession.…

    • 359 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    Essay Arizona vs. Grant

    • 356 Words
    • 2 Pages

    The case Arizona vs. Grant occured because an event that happened on August 25, 1999 involving two police officers, and a suspect who was believed to be involved in narcotics activity. The officers first visit to the house where the suspect lived was followed by a second visit later that night because he wasnt there at the initial visit. After their first visit they ran a background check and found causes for the arrest of the subject, Rodney Grant. Upon the second return the subject Rodney Grant was apprehended after pulling into his driveway and walking about ten feet towards the officers. After they placed him in the police vehicle, they searched the suspects car, which was the cause of the Arizona vs Grant case, because of a debate on evidence pulled from the car without reasonable reasons to search it. Although there was cocaine and a weapons in the car, the officers didnt have reasons to prove why the searched it after the suspect had already been apprehended and put into the police vehicle. It is because of this that led to questioning of why the car was searched because Grant was not in the nearby vicinity of the vehicle and therefore no harm to the officers unless he had a weapons in his immediate possession.…

    • 356 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Buy-Bust Op Case Study

    • 186 Words
    • 1 Page

    A buy-bust Op was being performed on October 13, 2005. After the controlled buy was executed, Officer Steven Cobb of the Lexington-Fayette County Police Department was signaled to track suspect to the breezeway. Suspect entered the back right apartment but due to miscommunication and the odor of burnt marijuana and a slammed door, Officer Cobb believed he had entered the back left apartment. Officer Cobb Knocked three times, announced he was with the police, and then heard scuffling noises inside the apartment. The officer then kicked open the door and saw multiple suspects smoking marijuana along with appellant Hollis King. 25 grams of marijuana, 4.6 ounces of powder cocaine, crack cocaine, scales with cocaine residue on them, $2500 cash,…

    • 186 Words
    • 1 Page
    Good Essays
  • Satisfactory Essays

    On 9/16/2017 at 1330 hours, I Officer Graves, conducted a traffic stop in reference to a speeding violation. Upon further investigation it was determined the driver, Tate, had a warrant for worthless checks. Tate was served the warrant and placed under arrest roadside. Tate appeared before Magistrate Rodgers and given a written promise to appear.…

    • 59 Words
    • 1 Page
    Satisfactory Essays
  • Better Essays

    A young man by the name of Joseph Rivers boarded a train headed from Los Angeles, California. Joseph brought with him the dream of becoming a video movie producer and a total of $16,000, that he and his mother had scraped together to help start this dream. At a stop in Albuquerque, New Mexico, two men boarded Joseph's train and seized his money, leaving him broke and without the funds to continue on with his trip or return home to Michigan. These men who committed this seemly unjust crime, were federal employees who according to the "civil-asset forfeiture" law, were well within their bounds to do so. (Friedersdorf, n.p.).…

    • 1778 Words
    • 8 Pages
    Better Essays
  • Good Essays

    The Bell, California corruption trial pertains to a group of city officials who misappropriated more than five million dollars of public funds (CNN Wire Staff, 2010). These officials were receiving compensation for conducting phantom meeting, wrote their own employment contracts without the approval of the City Counsel, and authorized approximately two million dollars in loans to their selves (CNN Wire Staff, 2010). To grasp the corruption of the city officials we need analyze the median annual income of the residents of Bell. The median annual income for the residents of Bell is less than thirty-five thousand dollars annually, and Bell’s City Manager Robert Rizzo annual base salary was 787,638 (CNN Wire Staff, 2010). Additionally, Bell’s Chief of Police Randy Adams earned 457,000 annually, and the council members of Bell earned 96,000 annually when the average salary for council members in similar-sized cities is 4,800 annually (CNN Wire Staff, 2010). Ultimately, this lead to the conviction of five elected officials for…

    • 383 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Arizona v. Gant

    • 995 Words
    • 4 Pages

    Respondent, Rodney Gant, was arrested for driving with a suspended license. Subsequent to the search of the Gant’s vehicle officers found cocaine in the back seat. At trial Gant moved to have the evidence suppressed denied that there was probable cause to search the vehicle, but did not decide to suppress the evidence. The court ruled the search to be that incident to an arrest. Respondent was found guilty and sentenced to three-year prison term.…

    • 995 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Facts: Hollis D. King was arrested after a search of his apartment. Local police department officers had probable cause to force entering and searching King apartment. Incident to search and arrest stemmed from a strong odor of what appeared to be burning illegal narcotics. Prior to entering the apartment, Police Officers knocked on the door and announced their presence. The occupants in the apartments did not respond. Under the suspicion of valuable evidence being destroyed the officers forced entering into the apartment. As the officers entered the apartment the odor of the burning substance became stronger. The smell of the burning substance created the exigent circumstance in the probable cause and the case at trial. Without a warrant,…

    • 703 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Exclusionary Rule

    • 1042 Words
    • 5 Pages

    Illegally seized evidence may constitutionally be introduced in a variety of non-trial criminal proceedings including: grand jury proceedings, preliminary hearings, bail proceedings, sentencing, and proceedings to revoke parole.…

    • 1042 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Roulette Table Case Study

    • 709 Words
    • 3 Pages

    On June 20, 2016, defendant, Cristian Escotto, the co-offender Ruben Cabrera, Edward Calletano, and Emillano Jaquez were discovered by the Peppermill Hotel and Casino surveillance to be cheating on a roulette table. The group had been observed committing “incorrect chip conversion.” All four subjects were observed at the same roulette table. The video surveillance video shows suspect Jaquez buying in at $140.00 in blue $1.00 chips. He covertly placed the 60 chips in his pants pocket in increments of 20 chips each time. He exchanged $60.00 in blue $1.00 roulette chips to regular gaming chips and left the table.…

    • 709 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Schedule

    • 558 Words
    • 3 Pages

    Other cases were simple things, like people being caught with possession of marijuana. The penalty for that is a small fine. That reminded me of a time when a guy I knew was caught in possession of marijuana on his was to Waco. He was kept in a holding cell and I had to drive to…

    • 558 Words
    • 3 Pages
    Powerful Essays