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Date: April 30, 2024 Tue
Time: 12:04 am
Time: 12:04 am
Results for civil asset forfeiture
1 results foundAuthor: Cohen, Derek Title: Taking Contraband Without Taking Our Liberties: Civil Asset Forfeiture Reform in Texas Summary: In October of 2007, Roderick Daniels was traveling through Tenaha, Texas on US Route 59. Just outside of the city, he was pulled over for allegedly traveling 37 miles-per-hour in a 35 miles-per-hour zone. The officer then asked Mr. Daniels if he was carrying any cash. The very aim of the trip being to purchase a car, he revealed to the officer that he was carrying a substantial amount of cash; about $8,500. Little did Mr. Daniels know he was about to be become a textbook case of civil asset forfeiture abuse in Texas. The officer promptly placed Mr. Daniels under arrest and transported him to the jail. It was here that Daniels was given an ultimatum: sign pre-notarized documents agreeing to forfeit the money and jewelry found in his car, or be charged with money laundering. Scared and far from home, Mr. Daniels complied.1 Ron Henderson and Jennifer Boatright had a similar experience with the Tenaha Police on US Route 59. While traveling through the area with their two children, they were pulled over and questioned as to whether they were carrying cash. They, too, were looking to purchase a used car and were carrying over $6,000. The officers began searching the car, turning up no contraband. Neither officer issued a citation for the alleged offense - driving in a left-hand turn lane - and Ms. Boatright and Mr. Henderson were told that they could either sign the same documents relinquishing all ownership interest in the cash or face money laundering charges. In addition, they were told that challenging the charge would result in them being placed in custody with their two small children being placed in foster care. The couple signed over their property rather than face the dissolution of their family. Incidents such as these, while abhorrent, are not uncommon. In Tenaha alone, it is estimated that between 2006 and 2008 the police seized $3 million worth of property from motorists. Over 150 of these seizure cases are believed to be invalid.3 With only 923 residents and two sworn police officers,4 these enforcement actions represent a windfall to the Tenaha and Shelby County government and have the potential to underwrite a significant portion of their budget. Absent proper procedural safeguards, the practice of forfeiture is extremely susceptible to abuse. Unfortunately, Texas ranks amongst the worst in the nation in protecting its citizens from such abuses.5 It is easy for officials to cast too wide a net given Texas' broad statutes that contain few restrictions on civil asset forfeiture. Moreover, Texas also permits its state and local law enforcement authorities to be compensated for cooperation with federal law enforcement agencies in seizing property, thereby compromising state sovereignty by partially surrendering the police power that is a core state constitutional function. This report summarizes the practice of civil asset forfeiture nationally and in Texas specifically. The breadth of the practice is discussed, and avenues for reform are laid out. Abusive forfeiture practices are one of the most pernicious invasions of personal liberty perpetrated in this modern age. However, there are policies available that can blunt misuse of this power. Details: Austin, TX: Texas Public Policy Foundation, 2014. 10p. Source: Internet Resource: PP09-2014: Accessed April 15, 2015 at: http://old.texaspolicy.com/center/effective-justice/reports/taking-contraband-without-taking-our-liberties-civil-asset Year: 2014 Country: United States URL: http://old.texaspolicy.com/center/effective-justice/reports/taking-contraband-without-taking-our-liberties-civil-asset Shelf Number: 135218 Keywords: Asset Forfeiture (Texas)Civil Asset ForfeitureContraband |