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Yale Law Journal - The Constitutionality of Civil Forfeiture

Many state and federal statutes provide that when property is used in certain prohibited ways, ownership of the property passes to the government. Often, the statutes allow these forfeitures to be declared in civil proceedings against the property itself, without the normal safeguards of the criminal process. Indeed, if no one claims the property after proper notice, the government’s assertion of ownership can become incontestable without any judicial proceedings at all. Statutes authori...
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MSNBC The Cross Connection With Tiffany Cross January 8, 2022 16:31:00

Citizens may never see their cash again. the practice is so egregious that congress is finally investigating. joining me now is david b. smith, hes a criminal r defense attorney and one of the top forfeiture experts in the country. im so happy to have you on the show. ive been wanting to do this topic for months. i think this is so ridiculous that this happens. i have to be honest, some of the stories and examples that ive seen of asset forfeiture sounds more like a heist than anything associate...
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MSNBC The Cross Connection With Tiffany Cross January 8, 2022 16:36:00

Of people i imagine will be reaching out to you after this. >> i hope so, im in alexandria, virginia, if youre looking for me. >> i think people from all over the country will be looking for you. so thank you so much, david, for being here. happy new year to you. coming up at home, despite some reunions, the ongoing horror, absolute horror of migrant children being separated from their parents rages on. well discuss the lingering effects on kids from this nightmare trump era policy. stay tuned...
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MSNBC The Cross Connection With Tiffany Cross January 8, 2022 16:34:00

There. this is quite baffling. obviously it impacts black people, disproportionate to other people across 21 states. the average forfeiture amount was just over $1,200. these are not drug lords. so my question to you, david, is when the police essentially rob you because thats whats happening here, agents of the state are robbing you, who do you call? what do you do? >> well, if you have money, you can call a lawyer and try to get the lawyer to get your property released or win in court, but one...
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