Civil Asset Forfeiture in Indiana
22 Questions
1 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What is civil asset forfeiture and how does it affect Property owners?

Civil asset forfeiture allows police to seize property linked to alleged criminal activity without charging the owner with a crime, undermining the presumption of innocence.

Explain why the practice of civil asset forfeiture is described as 'policing for profit.'

It is referred to as 'policing for profit' because law enforcement agencies retain a portion of the seized assets, creating a financial incentive to conduct seizures.

Describe a real-life example mentioned in the text regarding civil asset forfeiture.

The example provided involves a Mississippi man who had $42,300 seized by police while he was en route to buy a second semi-truck for his business.

What actions do Indiana police take regarding cash found in FedEx packages?

<p>Indiana police routinely seize cash from FedEx packages they consider 'suspicious' based on broad criteria.</p> Signup and view all the answers

List two attributes of a package that might be deemed 'suspicious' according to Indiana police.

<p>A package that is taped on all seams and a new box are two attributes that may be deemed 'suspicious.'</p> Signup and view all the answers

What are some methods of payment that could trigger suspicion in package shipments?

<p>Shipments paid by credit card, possibly by cash, or by 'unknown means' may trigger suspicion.</p> Signup and view all the answers

Why can civil asset forfeiture be considered an affront to the American justice system?

<p>It undermines the cornerstone presumption of innocence, as property can be seized without proof of wrongdoing by the owner.</p> Signup and view all the answers

How does the operation of the FedEx hub in Indianapolis facilitate civil asset forfeiture by police?

<p>The high volume of packages at the FedEx hub allows police to easily identify and seize cash from packages that they label as suspicious.</p> Signup and view all the answers

What role do K-9 dogs play in the asset forfeiture process described?

<p>K-9 dogs are used by police to detect potential illegal substances in packages; if a dog alerts on a package, police can obtain a warrant to open it.</p> Signup and view all the answers

What is civil asset forfeiture and how is it applied in the context of FedEx packages?

<p>Civil asset forfeiture is a legal process where law enforcement can seize property suspected of being connected to crimes, such as cash in FedEx packages without proving a crime has occurred.</p> Signup and view all the answers

What was the outcome for Henry and Minh Cheng concerning their seized cash?

<p>Henry and Minh Cheng had $42,825 confiscated without any specific legal violation cited, but later the Marion County prosecutor's office agreed to return the money.</p> Signup and view all the answers

How does the case title 'State of Indiana v. $42,825.00 in US Currency' reflect the practices of civil asset forfeiture?

<p>The title indicates that the property itself is put on trial rather than a person, emphasizing the unique and often criticized nature of asset forfeiture laws.</p> Signup and view all the answers

What have been some consequences for victims of civil asset forfeiture according to the text?

<p>Victims often face a daunting legal process with costs that can lead them to give up fighting to reclaim their seized property.</p> Signup and view all the answers

What was the primary claim of the class action lawsuit filed by the Institute for Justice?

<p>The lawsuit claims that the police seizures of FedEx packages violate both the US Constitution's due process guarantees and Indiana's law against prosecuting crimes that occur outside the state.</p> Signup and view all the answers

What is one potential reason Indiana police may seize cash in transit between other states?

<p>Indiana police may seize cash based on a presumption that the money could be linked to drug-related activities or other crimes, despite lacking concrete evidence.</p> Signup and view all the answers

What percentage of the US population lives in states considered source states for illegal drugs?

<p>The source states account for approximately 29% of the US population.</p> Signup and view all the answers

How do FedEx's shipping algorithms contribute to the seizures mentioned in the text?

<p>FedEx's logistical algorithms sometimes route packages through Indiana, making them targets for police seizures without any crime being committed.</p> Signup and view all the answers

What sentiment does Henry Cheng express regarding civil asset forfeiture?

<p>Henry Cheng expresses disbelief that such seizures can happen in America, reflecting a broader concern about the fairness of the system.</p> Signup and view all the answers

What are the implications of police seizing property without specific allegations of a crime?

<p>Seizing property without specific allegations can be seen as a violation of due process and raises ethical concerns about the abuse of law enforcement powers.</p> Signup and view all the answers

Why did the Marion County prosecutor's office agree to return the Chengs' money?

<p>The prosecutor's office returned the funds, possibly to mitigate the impact of the ongoing class action lawsuit challenging their practices.</p> Signup and view all the answers

What burden does civil asset forfeiture place on victims?

<p>It places the burden on victims to prove that their seized property is not connected to a crime, which is often a complex and costly process.</p> Signup and view all the answers

Describe the legal justification police typically provide for seizing currency in FedEx packages.

<p>Police usually allege that the seized currency was intended for use in violation of a criminal statute or is traceable to such a violation.</p> Signup and view all the answers

Study Notes

Civil Asset Forfeiture in Indiana

  • Civil asset forfeiture allows police to seize property (money, cars, etc.) linked to suspected criminal activity, even if the owner isn't charged.
  • The practice is criticized as "policing for profit" as police often keep the seized assets.
  • This is a violation of the presumption of innocence.
  • Indiana police are seizing cash from packages at the FedEx hub.

FedEx Hub Seizures

  • Police seize packages at the FedEx hub based on "suspicious" traits, like unique taping, new boxes, credit card/cash payments, and destination/origin states.
  • Criteria are incredibly broad, potentially encompassing many legitimate packages.
  • Police use K-9s to trigger warrants to open packages. The results are often negative, but cash finds are kept.
  • The Indiana prosecutor's office has seized currency from FedEx packages at least 130 times, never specifying violations of Indiana law.

Cheng Family Case Example

  • Henry and Minh Cheng, a Los Angeles jewelry wholesaler, had $42,825 seized from a FedEx package while shipping goods though Indiana
  • The retailer had delayed payment and Chengs opted for a cash payment, the cash being seized from the package that was routed through the FedEx hub
  • Chengs express bewilderment about the seizing of the payment, arguing that no law was broken
  • The issue is highlighted with the naming of the case as "State of Indiana v. $42,825.00 in US Currency".

The Class Action Lawsuit

  • Under the backing of the Institute for Justice (IJ), the Chengs are leading a class action lawsuit against the practices at the FedEx hub.
  • The lawsuit argues the seizures are unconstitutional, violating due process and the prohibition against prosecuting crimes outside of Indiana.
  • The suit seeks to bar future seizures from the Marion County prosecutor and the State of Indiana.
  • The Marion County Prosecutor's Office has reluctantly returned the Chengs' money, but the suit will proceed as a preventative measure.
  • The article highlights how the seizures are often based on vague and possibly faulty standards.
  • Cases often lack concrete evidence of criminal activity related to the seized property.
  • The cases highlight the extraordinary burden on victims to prove their innocence.
  • The logistical routing of the packages through Indiana, rather than intentional activity by the shippers or recipients, is a major point of contention.

Additional Notes

  • The practice impacts victims by demanding significant time and resources to fight the seizures.
  • The fact that seized items are routed to Indiana by FedEx's algorithms does not equate to any wrongdoing.
  • FedEx did not comment on the issue, despite the potential impact on its customer relationships
  • An alarming aspect of this process is the seizure of money from interstate shipments to destinations that only transited Indiana.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Quiz Team

Description

Explore the controversial practice of civil asset forfeiture in Indiana, particularly focusing on police actions at the FedEx hub. The quiz highlights issues related to property seizing without charges and the implications for the presumption of innocence. Delve into real cases, including the Cheng family, and understand the criticisms surrounding this law enforcement strategy.

More Like This

Civil War Flashcards
75 questions

Civil War Flashcards

SustainableAntigorite1088 avatar
SustainableAntigorite1088
Bem de Família e Penhora: Proteção Legal
18 questions
Use Quizgecko on...
Browser
Browser