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View Full Version : Federal Judge Rules Indiana Seizing Cars With Civil Forfeiture Is Unconstitutional




Swordsmyth
08-31-2017, 09:00 PM
In a major win for private property rights, a federal judge ruled (https://ecf.insd.uscourts.gov/cgi-bin/show_public_doc?12016cv2980-61) that Indiana can no longer seize vehicles under its controversial civil forfeiture laws, which allow police to confiscate property without filing criminal charges. Judge Jane Magnus-Stinson ruled that Indiana's laws were unconstitutional because they failed to provide a timely hearing for the property owner to contest the seizure.

The lawsuit claimed that Indiana’s forfeiture laws violated the car owners’ right to due process, as guaranteed by the Fifth and Fourteenth Amendments. In Indiana, once property is seized, law enforcement can take up to 180 days (http://codes.findlaw.com/in/title-34-civil-law-and-procedure/in-code-sect-34-24-1-3.html) to file a forfeiture complaint, i.e. a lawsuit to permanently confiscate the seized property. If the owner demands their car back, the deadline drops to 90 days from the date of the demand.
Even worse, the property owner cannot challenge the seizure during that months-long hold period. That is because, under state law, seized property is “not subject to replevin,” (http://codes.findlaw.com/in/title-34-civil-law-and-procedure/in-code-sect-34-24-1-2.html) a process that would allow the owners to regain wrongfully taken property while awaiting trial. In other words, Hoosiers would have to wait up to six months before they could even challenge a seizure in court. That even includes innocent, third-party owners (typically parents and spouses) who did not know or consent to their property being used in any criminal activity.
As Judge Magnus-Stinson noted (https://ecf.insd.uscourts.gov/cgi-bin/show_public_doc?12016cv2980-61), losing one’s car for months on end “could cause significant hardship:”

During those months, if the owner has secured financing to purchase the vehicle, he is still required to make payments on that loan, lest he risk foreclosure and repossession. He is also required, of course, to make other arrangements for his transportation needs, which may include fundamental life activities such as transit to a job or school, visits to health care professionals, and caretaking for children or other family members.
In order to prevent “erroneous deprivation” and to safeguard due process, property owners must be “provided with some sort of mechanism through which to challenge whether continued deprivation is justifiable.” As the U.S. Supreme Court noted (https://supreme.justia.com/cases/federal/us/510/43/case.html) almost 25 years ago, “our precedents establish the general rule that individuals must receive notice and an opportunity to be heard before the Government deprives them of property.”


But Indiana’s forfeiture laws ban replevin and do not allow any other “opportunity for interim relief," which raises grave due process concerns. According to Judge Magnus-Stinson, “there is no judicial determination of probable cause for the seizure,” which means that “the only process that an individual receives prior to a forfeiture hearing is a law enforcement officer’s determination that probable cause exists for an arrest.” That is, by definition, a one-sided affair.
“Allowing for the seizure and retention of vehicles,” she wrote, “without providing an opportunity for an individual to challenge the pre-forfeiture deprivation unconstitutional.”


In making her decision, Judge Magnus-Stinson relied heavily on [I]Krimstock v. Kelly (http://caselaw.findlaw.com/us-2nd-circuit/1003199.html), where the U.S. Second Circuit Court of Appeals struck down New York City’s vehicle seizure laws as unconstitutional. Like in Indiana, New York City could detain cars for up to 25 days before beginning a forfeiture case.
In order to provide due process, then-Judge Sonia Sotomayor wrote that the property owners must be given “a prompt post-seizure, pre-judgment hearing before a neutral judicial or administrative officer,” where they could challenge “the legitimacy of the City’s retention of the vehicles while those proceedings are conducted.” As a result, the city created a new Krimstock hearing (http://www2.law.columbia.edu/vehicleseizure/index.html) process, named after the case.
Although Krimstock set an important precedent to protect due process, abusive seizures still run rampant in New York City. According to Anca Grigore, a staff attorney at the Brooklyn Defender Services, New Yorkers who navigate the Krimstock hearing process face “coercive dynamics and burdensome procedures.” (http://bds.org/bds-testimony-before-the-nyc-council-on-civil-forfeiture/)

To shine a light on these car seizures, the Brooklyn Defender Services recently obtained public records (http://www.wnyc.org/story/stop-and-seize-when-nypd-takes-your-car/) from the New York Police Department. In 2014, the NYPD seized more than 2,400 vehicles for civil forfeiture. Out of those seizures, 586 owners (less than one-quarter) requested a Krimstock hearing.
Yet only 15 Krimstock hearings were actually held, with just five owners successfully recovering their seized cars. And even then, that victory only meant that the owners could use their car before their forfeiture case actually went to trial, where their property could potentially be forfeited to the government.

More at: https://www.forbes.com/sites/instituteforjustice/2017/08/31/federal-judges-rules-indiana-seizing-cars-with-civil-forfeiture-is-unconstitutional/#455df7343da5

Anti Federalist
08-31-2017, 09:03 PM
good

ILUVRP
08-31-2017, 09:09 PM
great , that's a start .

Raginfridus
08-31-2017, 09:35 PM
I'd never heard of this. Apparently, the law allowed PD to sue for financial reimbursement, upon returning the car, for stowing the car in their garage or wherever. Here's the sly bureaucrat's (UN)logic: "We suspect the suspect of having suspicious suspicions, therefore we the PD took his car. Mr. Washington can have it back after 1/4-1/2 a year (unless we want to charge him w/ something), but for being generous we're entitled to tax-payer reimbursement."

jkr
08-31-2017, 09:38 PM
well ...no $hit!

from the "bill of wrongs"



Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Section 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

Section 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may, by a vote of two-thirds of each House, remove such disability.

Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.[1]

oyarde
08-31-2017, 09:55 PM
Excellent .