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Criminal Law

: Grits for Breakfast

SCOTUS: Just finding hidden cash not enough to justify asset seizure

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It's a truism in Texas drug enforcement that dope runs north on the highways while money and guns flow south, so much so when the Department of Public Safety took over Texas' now-defunct drug task force system, they discovered some agencies were only working southbound lanes, ignoring the drug supply in hopes of making a big asset forfeiture score.In case after case, courts have deemed simply finding large amounts of hidden, unexplained cash sufficient to justify state seizure, often when no associated crime is prosecuted. That should change, though, after the US Supreme Court just ruled in a Texas case this week that more investigation is required to justify asset seizures. Reports the Christian Science Monitor ("Harder task to nail money launderers," June 3):Ruling against federal prosecutors in two cases on Monday, the high court reversed the conviction of a man caught with cash hidden in his car in Texas near the Mexican border, and the court refused to reinstate a money-laundering conviction in a case involving an illegal gambling operation in Indiana...continue to full post

Full post as published by Grits for Breakfast on June 05, 2008 (boomark / email).

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