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Article intro:
(all bolding mine)
Despite the seemingly hyperbolic article title, I chose this particular article from among many because it goes into depth explaining how the Trump administration is promoting "adoptive forfeiture", in response to the growing number of states that are enacting state legislation which holds state & local law enforcement to higher forfeiture standards than the federal standards.
During the Obama administration, Eric Holder issued a directive in January of 2015 essentially ending these types of seizures, in response to growing complaints by some state legislatures that the "adoptive forfeitures" circumvent state law.
Now the Trump administration is issuing a directive to increase these very types of seizures:
Also from the article, some commentary from an (anti-seizure) attorney:
Source Article: WaPo: Jeff Sessions Wants Police to Take More Cash from American Citizens
Mirror: Independent UK: Jeff Sessions Wants Police to Take More Cash from American Citizens
(all bolding mine)
I find this last bolded statement startling!Attorney General Jeff Sessions on Monday said he'd be issuing a new directive this week aimed at increasing police seizures of cash and property.
Asset forfeiture is a disputed practice that allows law enforcement officials to permanently take money and goods from individuals suspected of crime. There is little disagreement among lawmakers, authorities and criminal justice reformers that “no criminal should be allowed to keep the proceeds of their crime.” But in many cases, neither a criminal conviction nor even a criminal charge is necessary — under forfeiture laws in most states and at the federal level, mere suspicion of wrongdoing is enough to allow police to seize items permanently.
“We hope to issue this week a new directive on asset forfeiture — especially for drug traffickers,” Sessions said in his prepared remarks for a speech to the National District Attorney's Association in Minneapolis. "With care and professionalism, we plan to develop policies to increase forfeitures. No criminal should be allowed to keep the proceeds of their crime. Adoptive forfeitures are appropriate as is sharing with our partners."
Additionally, many states allow law enforcement agencies to keep cash that they seize, creating what critics characterize as a profit motive. The practice is widespread: In 2014, federal law enforcement officers took more property from citizens than burglars did. State and local authorities seized untold millions more.
Despite the seemingly hyperbolic article title, I chose this particular article from among many because it goes into depth explaining how the Trump administration is promoting "adoptive forfeiture", in response to the growing number of states that are enacting state legislation which holds state & local law enforcement to higher forfeiture standards than the federal standards.
During the Obama administration, Eric Holder issued a directive in January of 2015 essentially ending these types of seizures, in response to growing complaints by some state legislatures that the "adoptive forfeitures" circumvent state law.
“Thirteen states now allow forfeiture only in cases where there's been a criminal conviction,” said Robert Everett Johnson, an attorney for the Institute for Justice, a public interest law firm that represents forfeiture defendants.
In 2015, Eric Holder's Justice Department issued a memo sharply curtailing a particular type of forfeiture practice that allowed local police to share part of their forfeiture proceeds with federal authorities. Known as “adoptive” forfeiture, it allowed state and local authorities to sidestep sometimes stricter state laws, processing forfeiture cases under the more permissive federal statute.
Now the Trump administration is issuing a directive to increase these very types of seizures:
In his speech Monday, Attorney General Sessions appeared to specifically call out adoptive forfeitures as an area for potential expansion. “Adoptive forfeitures are appropriate,” he said, “as is sharing with our partners.”
Also from the article, some commentary from an (anti-seizure) attorney:
“This is a federalism issue,” Johnson said. “Any return to federal adoptive forfeitures would “circumvent limitations on civil forfeiture that are imposed by state legislatures … the Department of Justice is saying 'we're going to help state and local law enforcement to get around those reforms.'”
Source Article: WaPo: Jeff Sessions Wants Police to Take More Cash from American Citizens
Mirror: Independent UK: Jeff Sessions Wants Police to Take More Cash from American Citizens