Category: Law Enforcement

Possible Good News on Reform of Civil Forfeiture?

Forfeiture has expanded dramatically as a weapon in the War on Drugs (similarly to the Prohibition era). One crucial development has been that law enforcement agencies can often keep the proceeds from auctioning seized property, which creates an incentive to seize more property and complicate the retrieval processes. This seems likely to distort balanced enforcement of laws and is inconsistent with the presumption of innocence.

https://www.cato.org/blog/possible-good-news-reform-civil-forfeiture

The Difference Between Justice and the Rule of Law

As a libertarian, I would like to abolish a vast range of current laws for reasons unrelated to rule-of-law considerations. I think a high proportion of current laws are substantively unjust; if I didn’t think that, I would not be a libertarian in the first place.

https://reason.com/volokh/2024/04/30/the-difference-between-justice-and-the-rule-of-law/

Dayton man arrested after giving food to homeless without a permit; Some say city law ‘criminalizes’ charity

It is against the law to prepare or distribute food, clothing or toiletries in a public place within the central area of the city without a city permit.

https://www.daytondailynews.com/local/dayton-man-arrested-after-giving-food-to-homeless-without-a-permit-some-say-city-law-criminalizes-charity/YDED2OW4KZCGZG6XU5FQ3JXIUE/

https://archive.is/nxtLd

Will the Supreme Court Let Sylvia Gonzalez Sue the Political Enemies Who Engineered Her Arrest?

“Gonzalez was so hurt by the experience and so embarrassed by the media coverage of her arrest,” the petition says, that “she gave up her council seat and swore off organizing petitions or criticizing her government.”

https://reason.com/2024/03/21/will-the-supreme-court-let-sylvia-gonzalez-sue-the-political-enemies-who-engineered-her-arrest/

If You Spend Time in Jail Because the Government Lied, You Should Be Able to Sue

The Sixth Circuit’s rule gives police and prosecutors a perverse incentive to overcharge defendants, because the more charges are brought the greater likelihood that at least one will be found to have probable cause.

https://www.cato.org/blog/you-spend-time-jail-because-police-officer-lied-you-should-be-able-sue

Nice Dig at Qualified Immunity, by Judge Don Willett (5th Cir.)

Turns out, ignorance of the law is an excuse—for government officials. Such blithe “rules for thee but not for me” nonchalance is less qualified immunity than unqualified impunity.

https://reason.com/volokh/2024/01/24/nice-dig-at-qualified-immunity-by-judge-don-willett-5th-cir/

Ohio SWAT Team Raids Wrong House, Seriously Injures Baby With Flashbang Grenade, Denies Responsibility

In a press release, the Elyria Police Department claimed that the flashbang grenades “were deployed outside of the residence.” … However, the above footage from the neighbor’s Ring camera shows an officer hurling the device into the home–with the noticeable presence of smoke.

“My baby was blood-red, gasping for air,” she said. “He could not breathe…”

https://redstate.com/jeffc/2024/01/12/ohio-swat-team-raids-wrong-house-seriously-injures-baby-with-flashbang-grenade-and-denies-responsibility-n2168653

Study Estimates Roadside Drug Tests Result in 30,000 Wrongful Arrests Every Year

…as many as 30,000 innocent people a year may be wrongly arrested for drug possession based on their results, making these tests “one of the largest, if not the largest, known contributing factor to wrongful arrests and convictions in the United States.”

212 people pleaded guilty between January 2004 and June 2015 to drug possession based on Houston Police Department field tests that were later invalidated by crime labs.

https://reason.com/2024/01/09/study-estimates-roadside-drug-tests-result-in-30000-wrongful-arrests-every-year/

The Ongoing Legal Battle: Biometrics, 5th Amendment, and Phone Decryption

With modern smartphones, screen locks like passcodes or biometric locks, such as fingerprint or facial recognition, encrypt the data on the phone. This encryption means that the data from the phone’s hard drive is largely inaccessible without the screen being unlocked, making this issue all the more potent.

The Ongoing Legal Battle: Biometrics, 5th Amendment, and Phone Decryption

A Police Group’s Comments on Civil Asset Forfeiture Show Exactly Why It Needs Reform

A core principle of the American legal system is that you should be free to go about your business without having to show your papers.

https://reason.com/2023/12/29/a-police-groups-comments-on-civil-asset-forfeiture-show-exactly-why-it-needs-reform/