Posts filtered by tags: Institute for Justice[x]


 

Even with Kardashian flair, civil forfeiture remains ugly

Lifestyle editors pay attention to art displays at Kim Kardashian’s home, but federal agents took notice instead when an ancient sculpture arrived at the Port of Los Angeles with the reality television star’s name on the shipping label. More precisely, part of a sculpture arrived. The fragment does not look like much—just the lower half of a human figure broken off at the waist. Thrift store shoppers might shrug and keep walking, but U.S. Customs and Border Protection inspectors flagged the item...
Tags: Kim Kardashian, California, Opinion, Sport, Soccer, Pennsylvania, Port Of Los Angeles, Italy, Arizona, Beverly Hills, Kardashian, Johnson, North Carolina, Southern California, U S Customs, Border Protection


Does an elderly veteran have recourse against the cops who assaulted him?

The three federal police officers who brutally assaulted Vietnam veteran Jose Oliva at a Veteran Affairs hospital in El Paso five years ago later claimed he tried to enter the building “without clearing security.” But video of the incident shows that Oliva did nothing to justify the officers’ violence, which caused shoulder injuries requiring two surgeries and left him with “persistent ear and throat issues.” In a case the Supreme Court is expected to consider for review next week, Oliva argues ...
Tags: Mississippi, Supreme Court, California, Opinion, Court, Sport, Soccer, Va, Vietnam, El Paso, Garcia, Institute for Justice, U S Court of Appeals, 5th Circuit, Don Willett, Jacob Sullum


The FBI can’t seize first and ask questions later

Late last month, hundreds of people across Southern California woke up to a nightmare: their private security-deposit boxes had been raided by federal law enforcement. Customers of U.S. Private Vaults learned the FBI raided the Beverly Hills company after an indictment for federal crimes. More to their horror, those customers learned their precious valuables were being held at an undisclosed location and that they would need to identify themselves to the FBI to reclaim their property. Those cust...
Tags: Google, California, Opinion, Sport, Fbi, Soccer, Beverly Hills, Southern California, Institute for Justice, Joe Buscaino, Lahsa, Guest Commentary, Beverly Hills Chamber of Commerce, U S Private Vaults, Robert Frommer


Judge Says DEA, TSA Can Continue To Be Sued For Stealing Cash From Airline Passengers (techdirt)

The DEA's love for taking cash from travelers has gotten it sued. Again. In August 2019, DEA agents -- working with TSA agents -- took more than $80,000 from Rebecca Brown, who was carrying her father's (Terry Rolin) savings through an airport on her way home to put it in a bank account he could use to pay for dental work and truck repairs. Working under the assumption that the mere existence of cash is illegal, the DEA and TSA lifted the cash from Rebecca Brown, claiming it was "suspicious." ...
Tags: News, Rebecca, Tsa, DEA, U S District Court, Institute for Justice, Iqbal, Tim Cushing, Plaintiffs, Ashcroft, Twombly, Institute of Justice, Rebecca Brown, Marilyn Horan, Bell Atlantic Corp, Terry Rolin


Podcast: When is slavery profitable? Texas' "Law of Parties," why traffic enforcement doesn't make us safer, and breaking down the #TexasGeorgeFloydAct

Here's the April 2021 episode of Just Liberty's Reasonably Suspicious podcast. co-hosted by me and Mandy Marzullo. This is Part Two of our special on the Texas George Floyd Act (here's part one). Listen to it here: We started with a discussion of the hearing on the Texas George Floyd Act and then broke down aspects of the bill we didn't get to in Part One:Qualified Immunity, featuring interviews with Arif Panju and Keith Neely from the Institute for Justice (4:50)Corroboration in Drug Cases, f...
Tags: Texas, Law, Institute for Justice, Mandy, Texas Public Policy Foundation, Jeff Blackburn, Gritsforbreakfast, Innocence Project of Texas, Mandy Marzullo, Keith Neely, Arif Panju


"Does Forfeiture Work? Evidence from the States"

The title of this post is the title of from the Institute for Justice and authored by Brian Kelly.  Here is the report's executive summary: This study provides the first multistate analysis of whether forfeiture works to fight crime or is, instead, used primarily to generate revenue.  These competing claims lie at the heart of the policy debate over forfeiture, a legal tool that allows law enforcement agencies to seize and permanently keep people’s cars, cash and even homes if they suspect th...
Tags: Minnesota, Law, States, Brian Kelly, Institute for Justice, Douglas A Berman, Arizona Hawaii Iowa Michigan


Abolish civil asset forfeiture

Civil asset forfeiture, a process by which government is allowed to seize the property of Americans without even needing to charge them with a crime, is fundamentally contrary to America’s founding principles. Yet, as a new report from the Institute for Justice notes, the practice remains widespread with often inadequate constraints. Law enforcement agencies engage in the practice of civil asset forfeiture when they believe, in theory, that particular properties are somehow linked to a criminal ...
Tags: California, Opinion, America, Sport, Soccer, Editorials, Arizona, Michigan, Tucson, Institute for Justice, McBride, John Stossel, Goldwater Institute, Kevin McBride, Justin Amash, Kevin Krejci


US Police have stolen $68 billion in the past 20 years from American citizens without due process

The nonprofit Institute for Justice has just released the 3rd edition of its Policing For Profit report, examining the abuses of civil asset forfeiture by local police across the United States. According to their data, local police departments have seized more than $68 billion dollars worth of personal property without due process over the last 20 years. — Read the rest
Tags: Post, Video, News, Police, Police Misconduct, Theft, US, United States, Police State, Police abuse, Institute for Justice, Police Accountability, Civil Asset Forfeiture, Police Reform, Police Corruption, Police Acting Badly


Argument analysis: Two paths forward in lawsuit alleging unconstitutional police violence

Patrick Jaicomo of the Institute for Justice argues by phone for James King (Art Lien) While assigned to an FBI task force, Officers Douglas Brownback and Todd Allen mistakenly assumed James King might be a home invasion suspect. They stopped King, and when King put up a struggle, the officers pummeled him. King filed suit alleging claims against the officers under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics­ — which allows individuals to sue federal officials for violati...
Tags: Featured, Supreme Court, Law, Congress, Fbi, United States, King, Thomas, James King, Sonia Sotomayor, John Roberts, Institute for Justice, Brownback, U S Court of Appeals, Sotomayor, Stephen Breyer


Case preview: Squaring impoundment with federal bankruptcy procedure

The Supreme Court will hear argument Tuesday in City of Chicago v. Fulton. The court originally scheduled Fulton for the April 2020 sitting but postponed the argument when the coronavirus pandemic closed the court. This case asks the court to resolve how impoundment interacts with bankruptcy procedure. As with so many of these consumer bankruptcy cases, the text of the U.S. Bankruptcy Code and the Federal Rules of Bankruptcy Procedure is difficult to square with bankruptcy’s so-called fresh star...
Tags: Featured, Supreme Court, Law, Congress, Chicago, United States, Irs, Fulton, Westbrook, Institute for Justice, U S Court of Appeals, City of Chicago, Jay Westbrook, Merits Cases, John Pottow, Pottow


SpaceX doubled down on clearing out the village where it's building a rocket resort by telling residents 'it's not safe' to live there — and some see it as a threat

SpaceX is having trouble converting a handful of people to sell their homes next to the company's rocket launch and development site in Boca Chica, Texas. Loren Elliott/Getty Images; Dave Mosher/Business Insider; Samantha Lee/Business Insider SpaceX, founded by Elon Musk, is working around-the-clock to realize a 40-story Mars rocket system called Starship-Super Heavy. The company is developing Starship at its launch site in Boca Chica: a remote, wildlife-rich area at the southeastern t...
Tags: Transportation, Space, Spacex, Elon Musk, Texas, Washington Post, US, Trends, Nasa, Iowa, Spaceships, Rockets, Mars, Johnson, Faa, Spaceflight


California must do more to allow ex-offenders find work

Amid catastrophic wildfires, Gov. Gavin Newsom signed a bill that will finally expand economic opportunity for some of the state’s inmate firefighters. For decades, California has trained thousands of prisoners to fight fires. Today, those working in a penal fire camp earn just $2-5 a day, plus an extra $1 per hour when on the fire line. But in a cruel irony, once they’re released from prison, many ex-offenders find themselves barred from working as firefighters. Almost all of the state’s 900-pl...
Tags: California, Opinion, Sport, Soccer, Gavin Newsom, Institute for Justice, Newsom, Nick Sibilla, Guest Commentary, Assembly Bill 2147, AB2147


The DEA seized a retired railroad engineer's life savings

Between 2000-2016 the U.S. government seized over 2 billion dollars from U.S. airport travelers. The vast majority of these people were not charged with a crime. The Institute for Justice highlights one such case involving a retired railroad engineer and his daughter: Retired railroad engineer Terry Rolin's life savings were seized by the government, but he hasn't been charged with any crime. Terry saved up cash and kept it in his Pittsburgh home over many years. But when he moved out of his ...
Tags: Video, News, Boston, Rebecca, Pennsylvania, Tsa, DEA, Terry, Pittsburgh, Institute for Justice, Transportation Security Administration TSA, Drug Enforcement Administration DEA, Rebecca Brown, Institute for Justice IJ, Terry Rolin


"Civil-Asset Forfeiture Should Be an Easy Place to Start on Criminal-Justice Reform"

The title of this post is the title of this new National Review commentary authored by Isaac Schorr.  Here are excerpts: Civil-forfeiture reform is the principal focus of the FAIR Act, and for good reason: The process is broken.  Under this form of forfeiture, the government brings charges against the property itself without leveling any against the property owner.  On a federal level, criminal behavior need not be proven for law enforcement to initiate civil-asset-forfeiture proceedings; mere ...
Tags: Law, Congress, California, Justice Department, Kamala Harris, Bernie Sanders, Democratic, Freedom Caucus, Institute for Justice, Tulsi Gabbard, Paul Gosar, Benjamins, Douglas A Berman, Isaac Schorr


If you want to help minorities and the poor, get government out of the way

More of the same can’t and won’t improve prospects for minorities and the poor in California. California is as Democratic as a state can be. Every policy discussion is dominated by those whose idea of helping the poor and minorities is to expand the role of government in society. Proposals can and do sail through the Legislature without even a single Republican or independent vote. California is the most extensively taxed state in the country, which, as a result of the political domination, has ...
Tags: Obama, California, Opinion, Sacramento, Los Angeles, San Francisco, Sport, Soccer, San Diego, District Of Columbia, Berkeley, Black, Southern California, Trump, Democratic, Legislature


Now’s a great time for licensing reform

The coronavirus pandemic has, among other things, forced individuals, businesses and governments alike to rethink how they conduct themselves. Governments across the country, including the federal government, quickly realized that one of the necessary things to do was to waive rules and regulations that impeded the healthcare system from working with the sort of dynamism the pandemic called for. One lesson we hope politicians and bureaucrats can take to heart is the realization that very often r...
Tags: Florida, California, Opinion, Uncategorized, Sacramento, Sport, Soccer, Legislature, Institute for Justice, Ron DeSantis, Archbridge Institute


Now’s a good time to scrap civil asset forfeiture

The killing of George Floyd and the subsequent nationwide uproar has rightfully forced needed conversations about law enforcement and the criminal justice system. While Congress has so far fumbled on working toward tangible, passable legislation, Sens. Rand Paul, R–Kentucky, Mike Lee, R–Utah, Mike Crapo, R–Idaho, and Angus King, I–Maine, have reintroduced legislation to limit the use of civil asset forfeiture. Through the practice, law enforcement is able to seize cash and other assets from indi...
Tags: Utah, Congress, Opinion, Sport, Soccer, Idaho, Maine, Editorials, New Jersey, Don, PAUL, Institute for Justice, Angus King, Mike Crapo, George Floyd, Paul R -- Kentucky Mike Lee


Opinion analysis: Court rules that religious schools cannot be excluded from state funding for private schools

In 2015, the Montana legislature created a scholarship program that provided a dollar-for-dollar tax credit for donations to private scholarship organizations. Those organizations used the money to fund scholarships for children to attend private schools – which, in Montana, are primarily religious schools. In 2018, the Montana Supreme Court struck down the tax-credit program, holding that it violated the state constitution’s ban on aid for churches and religious schools. Today the U.S. Supreme ...
Tags: Featured, Supreme Court, Law, Montana, Court, Catholic, Ruth Bader Ginsburg, Thomas, Sonia Sotomayor, U S Supreme Court, John Roberts, Institute for Justice, Stillwater, Roberts, Howe, Ginsburg


Supreme Court lifts ban on state aid to religious schooling

By MARK SHERMAN WASHINGTON (AP) — The Supreme Court on Tuesday made it easier for religious schools to obtain public funds, upholding a Montana scholarship program that allows state tax credits for private schooling. The court’s 5-4 ruling, written by Chief Justice John Roberts with conservatives in the majority, came in a dispute over a Montana scholarship program for private K-12 education that also makes donors eligible for up to $150 in state tax credits. The Legislature created the tax cred...
Tags: Business, News, Supreme Court, Montana, Washington, Religion, Uncategorized, Sport, Ap, Soccer, Missouri, Catholic, Trump, Mark Sherman, Sonia Sotomayor, John Roberts


High Court to decide if police can enter your home and steal from you

Everyone knows stealing is wrong. It’s one of the few moral principles observed across cultures and history. It’s so deeply ingrained that our children often know not to steal by the time they enter kindergarten. So, you’d think police would know too. But according to the 9th U.S. Circuit Court of Appeals, you’d be wrong. Applying a judge-made doctrine called “qualified immunity,” the court held that California police who stand accused of stealing $225,000 cannot be sued because they never were ...
Tags: Sixth Circuit, Supreme Court, California, Opinion, Fresno, Sport, Soccer, United States, Kamala Harris, U S Supreme Court, Institute for Justice, 9th U S Circuit Court of Appeals, Ninth Circuit, LA County, Micah, Jessop


After Seven Years And A US Supreme Court Victory, Tyson Timbs Is On Step Closer To Finally Getting His Car Back (techdirt)

Tyson Timbs went all the way to the US Supreme Court to get his forfeited Land Rover returned to him. Represented by the Institute for Justice, Timbs took his case through every level of the Indiana court system before finding relief in the nation's top court. Seven years after his vehicle was seized during his arrest for heroin dealing, he's still waiting for the cops to return his car. The Supreme Court said the seizure of a $42,000 vehicle over a crime with a maximum possible fine of $10,00...
Tags: News, Supreme Court, Indiana, Land Rover, US supreme court, State, Todd, Hill, Institute for Justice, Grant County, Indiana Supreme Court, Tim Cushing, Indiana Department of Corrections, Gorsuch, Grant County Court, Timbs


Thursday round-up

At the Washington Legal Foundation’s Legal Pulse blog, Lawrence Ebner wonders, “given the unusual alignment of Justices” in Ramos v. Louisiana, in which a fractured court ruled on Monday that the Constitution requires a unanimous jury verdict in state criminal trials, “whether the Court’s application of stare decisis is truly principled, or whether it is just a case-by-case, result-driven expedient for saving or ditching a controversial, and even wrongly decided, precedent.” At the Clause 40 Fou...
Tags: Supreme Court, Law, Washington Post, Washington, Court, Bloomberg, Ap, Atlantic, Wisconsin, Louisiana, Oklahoma, DOE, Republican National Committee, Round-up, Foundation, Mark Sherman


First Amendment might not let Mississippi licensing board go after online map service

From Institute for Justice’s “Short Circuit”: “Using publicly available descriptions of property boundaries, startup company draws lines on satellite photos, which helps its customers, community banks, visualize their property assets and identify issues (such as a property’s legal description not describing a completed shape). Mississippi regulators: That is the unlicensed practice of surveying, a civil and criminal offense. : There is no occupational speech exception to the First Amendment. Th...
Tags: Mississippi, Law, Uncategorized, First Amendment, Board, Institute for Justice, Occupational Licensure, Institute for Justice s Short Circuit, Becerra The Supreme Court, NIFLA, Google Maps Zillow


Man who was fined $500 for criticizing traffic light timing gets his idea adopted by Institute of Transportation Engineers

In 2013 Mats Järlström's wife got a red light camera ticket at an intersection in Oregon. Järlström, an electrical engineer by training, investigated the formula used to time yellow lights. Järlström found flaws with the formula and e-mailed the Oregon State Board of Examiners for Engineering and Land Surveying to let them know. Here's what happened next, according to the Institute for Justice: The Board told Mats it had no interest in hearing about his ideas. Fair enough. But the Board didn’...
Tags: Post, News, Oregon, Traffic, Free Speech, Board, Institute, Institute for Justice, The Board, Mats, Jarlstrom, Institute for Justice Järlström, Institute of Transportation Engineers, Oregon State Board of Examiners for Engineering, Institute of Transportation Engineers ITE


Oregon Engineer Proved Right About Traffic Lights (slashdot)

"Mats Järlström's emotions were clearly visible Friday morning. After years of arguing red light traffic cameras are flawed, the official Journal of the Institute of Transportation Engineers said he was right," reports a local news station in Portland, Oregon: The ITE sets traffic policy recommendations for the United States — and they said cities should be using his formula. "It is a big deal," Järlström told KOIN 6 News. "It's the top." Six years ago he tried to tell the Beaverton City Counci...
Tags: News, Oregon, United States, Portland Oregon, Institute for Justice, KOIN, EditorDavid, Jarlstrom, Mats Jarlstrom, Institute of Transportation Engineers, Beaverton City Council, Oregon Engineer Proved Right About Traffic Lights


Oregon Engineer Proved Right About Traffic Lights

"Mats Järlström's emotions were clearly visible Friday morning. After years of arguing red light traffic cameras are flawed, the official Journal of the Institute of Transportation Engineers said he was right," reports a local news station in Portland, Oregon: The ITE sets traffic policy recommendations for the United States — and they said cities should be using his formula. "It is a big deal," Järlström told KOIN 6 News. "It's the top." Six years ago he tried to tell the Beaverton City Counci...
Tags: Oregon, Tech, United States, Portland Oregon, Institute for Justice, KOIN, Institute of Transportation Engineers, Beaverton City Council, Oregon Engineer Proved Right About Traffic Lights


Elon Musk dreams of building a Mars spaceport in South Texas. A few scrappy homeowners may stand in SpaceX's way.

About a dozen homeowners in South Texas' Boca Chica Village neighborhood have not sold their properties to SpaceX to make way for a planned Starship spaceport. SpaceX and a real-estate firm it hired have told residents they could be removed — and for far less money — through an eminent-domain process started by Cameron County. However, one homeowner told Business Insider that she and her husband would not sell to SpaceX, and they apparently aren't alone. Meanwhile, the Institute for Justice, a...
Tags: Spacex, Elon Musk, Texas, US, Trends, Tesla, Earth, Atlantic, Washington Dc, Port Of Los Angeles, Social Security, Michigan, Mars, Johnson, Faa, Maria


How a few scrappy homeowners may stand between Elon Musk and his dream of a Mars spaceport in South Texas

About a dozen homeowners in South Texas' Boca Chica Village neighborhood have not sold their properties to SpaceX to make way for a planned Starship spaceport. SpaceX and a real-estate firm it hired have told residents they could be removed — and for far less money — through an eminent-domain process started by Cameron County. However, one homeowner told Business Insider that she and her husband would not sell to SpaceX, and they apparently aren't alone. Meanwhile, the Institute for Justice, a...
Tags: Spacex, Elon Musk, Texas, US, Trends, Tesla, Earth, Atlantic, Washington Dc, Port Of Los Angeles, Social Security, Michigan, Mars, Johnson, Faa, Maria


LAST TOWN BEFORE MARS: A senior executive at SpaceX is going door-to-door in South Texas to convince people to move out of the rocket company's planned Mars spaceport

SpaceX, the rocket company founded by Elon Musk, is trying to build a private spaceport in Boca Chica at the southern tip of Texas and one day launch missions to Mars from the site using a system called Starship. But first, the company is trying to buy out a nearby neighborhood of retiree-age residents called Boca Chica Village to make the launch site safer and easier to use.  A senior executive at SpaceX is visiting holdout homeowners in person to try and convince them to sell to the rocket c...
Tags: Spacex, Elon Musk, Texas, California, Trends, Nasa, Rick Perry, Mars, Johnson, Maria, US supreme court, Musk, Falcon Heavy, Falcon, Business Insider, Ray


Michigan County Sued For Stealing Cars From Innocent Car Owners Via Civil Forfeiture (techdirt)

A 1996 decision by the Michigan Supreme Court set the precedent for the widespread abuse of civil asset forfeiture in the state. The ruling said being an innocent owner of property seized is no defense and any forfeiture predicated on the illegal acts of others could result in the actual owner being deprived of property without violating their Constitutional rights. The state's law enforcement agencies took this ruling and ran with it. To ensure minimum legal hassle, cops are "fighting" crime ...
Tags: Home Depot, News, Detroit, Robert, Reeves, Michigan Supreme Court, Institute for Justice, Wayne County, Melisa, Ingram, Tim Cushing, Reeve, Michigan County, Melisa Ingram, Ford Fusion Ingram, Robert -LSB- Reeves