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Forfeiture of money to FBI allowed

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A man whose $12,000 was seized following an arrest after a traffic stop wasn't entitled to get his money back from the FBI because the organization properly followed the rules, and even went above typical forfeiture proceedings in an attempt to inform the man of the seized money.

In James E. Turner v. Attorney General of the United States of America, 4:05-CV-0081-PRC, James Turner pro se filed a motion in 2005 in an attempt to get back the seized funds. The money was confiscated from the driver of a car Turner was a passenger in, and the driver told police the $12,000 was Turner's money. The Newton County Prosecutor filed a motion to transfer the seized property to the FBI under forfeiture proceedings per 21 U.S.C. Section 881. Turner posted bond after the arrest, and a warrant was issued for his arrest for failure to appear. He was later taken into federal custody for several drug trafficking offenses unrelated to his arrest in Newton County.

In Turner's complaint, he alleges no formal notice of the forfeiture was filed or presented to him and that the FBI should have known he was in federal custody at the time the organization mailed notices to him of the administrative forfeiture proceedings.

The United States District Court for the Northern District of Indiana, Hammond Division, dismissed the case, holding Turner was estopped from asserting the claim because the statute of limitations had expired. The 7th Circuit vacated the dismissal and remanded the case.

Magistrate Judge Paul R. Cherry granted the FBI's motion to dismiss Turner's complaint Sept. 29, finding the FBI took reasonable steps and met the constitutional standard of due process in Mullane v. Central Hanover Bank & Trust, Co., 339 U.S. 306, 314 (1950), to provide Turner with notice.

The FBI sent written notice to Turner regarding his opportunity to object to the forfeiture proceedings by certified mail to two different residential addresses but both notices were returned. The FBI also sent a copy of the notice to the attorney who represented Turner in the Newton County misdemeanor case, but the attorney replied that he didn't represent Turner. The FBI published notice of its intention to claim the property in The New York Times for three consecutive weeks.

Those actions were enough to meet the constitutional standards; however, in this case, the FBI went above those actions by searching the National Crime Information Center database, which didn't show Turner was in federal custody at the time of the search. The database only showed his failure to appear in Newton County. There was always the possibility that an arresting agency failed to report or delayed reporting the arrest in the NCIC, which happened in this case.

This case is notable because the FBI was unaware he was in federal custody and took additional efforts to locate Turner in order to provide him notice when it learned its first efforts to notify him failed, wrote the magistrate judge.

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  1. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

  2. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

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