Keith and stuff
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Tennessee civil asset forfeiture law is under legislative microscope
- Thread starter Suzanimal
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CPUd
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Some folks say it means "the place where the rivers meet", or "place near the rivers", but there is no real consensus.
Probably associated with river . The first town recorded of that name in what is now Monroe County on the little tennessee river and the other town of that name thought to be at the confluence of Pigeon River and french broad River .
Swordsmyth
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A measure that would protect individuals whose property is improperly seized by local law enforcement passed 30-0 in the Tennessee Senate Thursday.
The "U.S. Attorney General Edwin Meese Civil Asset Forfeiture Reform Act," sponsored by Sen. Todd Gardenhire, R-Chattanooga, and Rep. Mike Carter, R-Ooltewah, lays out guidelines for damages to be provided to individuals whose property is wrongfully seized.
Supporters for civil asset forfeiture argue it is necessary to weaken criminal operations. Opponents have said the practice has little oversight and violates an individual's rights.
But the bill states that law enforcement must notify the owner by mail within five business days of a Notice of Forfeiture Warrant Hearing.
The notice must come whether the owner is present at the time of the seizure or not, and wrongfully seized property must be returned in five business days after an order of dismissal.
A seizing agency that fails to return the property seized may be considered to be acting in bad faith and subject to civil law, the bill says.
Among other things, the bill says a seizing agency that wrongfully seizes property must pay the attorney fees of the owner an amount not to exceed the lesser of 25 percent rough trade-in value of a motor vehicle seized, 25 percent of currency seized and returned, 25 percent reasonable value of personal property or $3,000.
More at: https://www.tennessean.com/story/ne...eform-bill-passes-tennessee-senate/489025002/
The "U.S. Attorney General Edwin Meese Civil Asset Forfeiture Reform Act," sponsored by Sen. Todd Gardenhire, R-Chattanooga, and Rep. Mike Carter, R-Ooltewah, lays out guidelines for damages to be provided to individuals whose property is wrongfully seized.
Supporters for civil asset forfeiture argue it is necessary to weaken criminal operations. Opponents have said the practice has little oversight and violates an individual's rights.
But the bill states that law enforcement must notify the owner by mail within five business days of a Notice of Forfeiture Warrant Hearing.
The notice must come whether the owner is present at the time of the seizure or not, and wrongfully seized property must be returned in five business days after an order of dismissal.
A seizing agency that fails to return the property seized may be considered to be acting in bad faith and subject to civil law, the bill says.
Among other things, the bill says a seizing agency that wrongfully seizes property must pay the attorney fees of the owner an amount not to exceed the lesser of 25 percent rough trade-in value of a motor vehicle seized, 25 percent of currency seized and returned, 25 percent reasonable value of personal property or $3,000.
More at: https://www.tennessean.com/story/ne...eform-bill-passes-tennessee-senate/489025002/
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