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What is civil asset forfeiture and how does it affect Property owners?
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.'
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.
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?
What actions do Indiana police take regarding cash found in FedEx packages?
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List two attributes of a package that might be deemed 'suspicious' according to Indiana police.
List two attributes of a package that might be deemed 'suspicious' according to Indiana police.
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What are some methods of payment that could trigger suspicion in package shipments?
What are some methods of payment that could trigger suspicion in package shipments?
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Why can civil asset forfeiture be considered an affront to the American justice system?
Why can civil asset forfeiture be considered an affront to the American justice system?
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How does the operation of the FedEx hub in Indianapolis facilitate civil asset forfeiture by police?
How does the operation of the FedEx hub in Indianapolis facilitate civil asset forfeiture by police?
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What role do K-9 dogs play in the asset forfeiture process described?
What role do K-9 dogs play in the asset forfeiture process described?
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What is civil asset forfeiture and how is it applied in the context of FedEx packages?
What is civil asset forfeiture and how is it applied in the context of FedEx packages?
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What was the outcome for Henry and Minh Cheng concerning their seized cash?
What was the outcome for Henry and Minh Cheng concerning their seized cash?
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How does the case title 'State of Indiana v. $42,825.00 in US Currency' reflect the practices of civil asset forfeiture?
How does the case title 'State of Indiana v. $42,825.00 in US Currency' reflect the practices of civil asset forfeiture?
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What have been some consequences for victims of civil asset forfeiture according to the text?
What have been some consequences for victims of civil asset forfeiture according to the text?
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What was the primary claim of the class action lawsuit filed by the Institute for Justice?
What was the primary claim of the class action lawsuit filed by the Institute for Justice?
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What is one potential reason Indiana police may seize cash in transit between other states?
What is one potential reason Indiana police may seize cash in transit between other states?
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What percentage of the US population lives in states considered source states for illegal drugs?
What percentage of the US population lives in states considered source states for illegal drugs?
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How do FedEx's shipping algorithms contribute to the seizures mentioned in the text?
How do FedEx's shipping algorithms contribute to the seizures mentioned in the text?
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What sentiment does Henry Cheng express regarding civil asset forfeiture?
What sentiment does Henry Cheng express regarding civil asset forfeiture?
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What are the implications of police seizing property without specific allegations of a crime?
What are the implications of police seizing property without specific allegations of a crime?
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Why did the Marion County prosecutor's office agree to return the Chengs' money?
Why did the Marion County prosecutor's office agree to return the Chengs' money?
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What burden does civil asset forfeiture place on victims?
What burden does civil asset forfeiture place on victims?
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Describe the legal justification police typically provide for seizing currency in FedEx packages.
Describe the legal justification police typically provide for seizing currency in FedEx packages.
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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.
Legal Implications
- 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.
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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.