The rules of the game for seizures that the government local state and federal have to follow Are the following
Government (state and federal) are required to send written notice to interested parties, such notice shall be sent in a manner of no more than 60 days after the date of seizure. If before the 60 days period expires the Government does not file a civil judicial forfeiture action but does obtain a criminal indictment containing an allegation that the property is subject to forfeiture.
**If the government does not send a notice of seizure of property in accordance with a 60 day notice and no extension of time has been granted the government shall return all properties to that person without prejudice to the right of the government not to commerce a forfeiture proceeding at a later day.
Burden of Proof
In a suit or action brought under any civil forfeiture statute for the civil forfeiture of any any property
*The burden of proof is on the government to establish by a PREPONDERANCE OF EVIDENCE that the property is subject to forfeiture.
If the court finds that the forfeiture is grossly disproportion to the offense it shall reduce or climate the forfeiture as necessary to a avoid a VIOLATION OF THE EXCESSIVE SEIZURE CLAUSE OF THR 8 TH AMENDANT OF THE CONSTITUTION.
I would appreciate any insight on the situation this is the letter I wrote my attorney just recently.
I understand your concern about them filing a case against me but one battle at a time and the first should be the property return to my family.
I do have a major concern though i will be in the ukraine for awhile having more surgeries. If the prosecutor does file charges against me i am hoping there will not be an arrest warrant when i enter the united states. I will be bringing Valentina my wife and Alice my daughter into the united states for the first time. We have been working on my wife's visa for a year now and shortly we will have our interview at the United States Embassy in Kiev and she will get her visa for united sates citizenship. My daughter Alice was born 5 weeks ago.
Whomever is handling the case against me didn't meet the dead lines for a seizure notice and an extension. We must take advantage of this opportunity.
Last October the MICHIGAN SENATE passed legislation on the law enforcemnt restricting abuse wouldnt happen from them seizing property. Out of the united states Michigan received a D- grade for abuse in forteitures !!!
***I would like a response from you that you understand what i want accomplished immediately. Meaning i want no delay in setting these requests in motion.
You must contact the people holding these items and simply say someone is coming to get them. They have no recourse because they didn't follow protocol and you can explain that to them….PERIOD !! Kody and my mother will pick the items up and the 3 cars will be taken away by a towing service.
They are basically holding mine and my families belongings hostage. I will not let this matter go unaddressed and them pirating the house and taking everything i worked for over 40 years is not going to be acceptable !!! Their seizure was imposed with pure profit in mind !!!! Well over $200,000 in items and house damage.
I want to see the original warrant application on both search warrants also.
After we were detained and my MOTHERS house was being ripped apart they some how got a second search warrant within minutes and basically took the Chevell and Jaguar.
The Fourth Amendment states the warrants be detailed
First on the search warrant:
General Reasonableness:
Overlaying all the rules is a requirement that officers executing the search warrant act reasonably.
-refusal tho show search warrant even though the resident asked for it
- I never saw any search warrant paper work:
-Cannot be held in hand cuffs outside with no food, water or bathroom.
-Kody was outside in 80 degrees temperatures for 8 hours with no bathroom water or food
*in many federal and state courts the court excluded evidence the officers found during a search on a finding that a the conducted the search warrant unreasonable.
Seizure Issues
The fourth amendment of the Constitution requires that a warrant include a detailed description of the place officers will search and the evidence they seize.
The warrant has to be specific enough that an officer with no connection to the case would know whereto search and what to collect.
Also the officers must also confine their inspections to the areas that possibly could contain the relevant evidence and anything not specially related to the case are not to be touched or taken.
*Also the damage to the house was excessive and destructive and a civil suit should be filed for damages ($30,000) and lets not forget they started the house on fire and ran a gas generator in the house with three dogs in gages in the house which can be consider animal cruelty. when they ran generator everyone went outside because of the fumes from the generator but they left the dogs in their ages in the house !!!!!! While the fire department had protective breathing gear on.
**Government (state and federal) are required to send written notice to interested parties, such notice shall be sent in a manner of no more than 60 days after the date of seizure. If before the 60 days period expires the Government does not file a civil judicial forfeiture action but does obtain a criminal indictment containing an allegation that the property is subject to forfeiture.
**If the government does not send a notice of seizure of property in accordance with a 60 day notice and no extension of time has been granted the government shall return all properties to that person without prejudice to the right of the government not to commerce a forfeiture proceeding at a later day.
Burden of Proof
In a suit or action brought under any civil forfeiture statute for the civil forfeiture of any any property
*The burden of proof is on the government to establish by a PREPONDERANCE OF EVIDENCE that the property is subject to forfeiture.
If the court finds that the forfeiture is grossly disproportion to the offense it shall reduce or climate the forfeiture as necessary to a avoid a VIOLATION OF THE EXCESSIVE SEIZURE CLAUSE OF THR 8 TH AMENDANT OF THE CONSTITUTION.
I understand your concern about them filing a case against me but one battle at a time and the first should be the property return to my family.
I do have a major concern though i will be in the ukraine for awhile having more surgeries. If the prosecutor does file charges against me i am hoping there will not be an arrest warrant when i enter the united states. I will be bringing Valentina my wife and Alice my daughter into the united states for the first time. We have been working on my wife's visa for a year now and shortly we will have our interview at the United States Embassy in Kiev and she will get her visa for united sates citizenship. My daughter Alice was born 5 weeks ago.
Whomever is handling the case against me didn't meet the dead lines for a seizure notice and an extension. We must take advantage of this opportunity.
Last October the MICHIGAN SENATE passed legislation on the law enforcemnt restricting abuse wouldnt happen from them seizing property. Out of the united states Michigan received a D- grade for abuse in forteitures !!!
***I would like a response from you that you understand what i want accomplished immediately. Meaning i want no delay in setting these requests in motion.
You must contact the people holding these items and simply say someone is coming to get them. They have no recourse because they didn't follow protocol and you can explain that to them….PERIOD !! Kody and my mother will pick the items up and the 3 cars will be taken away by a towing service.
They are basically holding mine and my families belongings hostage. I will not let this matter go unaddressed and them pirating the house and taking everything i worked for over 40 years is not going to be acceptable !!! Their seizure was imposed with pure profit in mind !!!! Well over $200,000 in items and house damage.
I want to see the original warrant application on both search warrants also.
After we were detained and my MOTHERS house was being ripped apart they some how got a second search warrant within minutes and basically took the Chevell and Jaguar.
The Fourth Amendment states the warrants be detailed
First on the search warrant:
General Reasonableness:
Overlaying all the rules is a requirement that officers executing the search warrant act reasonably.
-refusal tho show search warrant even though the resident asked for it
- I never saw any search warrant paper work:
-Cannot be held in hand cuffs outside with no food, water or bathroom.
-Kody was outside in 80 degrees temperatures for 8 hours with no bathroom water or food
*in many federal and state courts the court excluded evidence the officers found during a search on a finding that a the conducted the search warrant unreasonable.
Seizure Issues
The fourth amendment of the Constitution requires that a warrant include a detailed description of the place officers will search and the evidence they seize.
The warrant has to be specific enough that an officer with no connection to the case would know whereto search and what to collect.
Also the officers must also confine their inspections to the areas that possibly could contain the relevant evidence and anything not specially related to the case are not to be touched or taken.
*Also the damage to the house was excessive and destructive and a civil suit should be filed for damages ($30,000) and lets not forget they started the house on fire and ran a gas generator in the house with three dogs in gages in the house which can be consider animal cruelty. when they ran generator everyone went outside because of the fumes from the generator but they left the dogs in their ages in the house !!!!!! While the fire department had protective breathing gear on.
**Government (state and federal) are required to send written notice to interested parties, such notice shall be sent in a manner of no more than 60 days after the date of seizure. If before the 60 days period expires the Government does not file a civil judicial forfeiture action but does obtain a criminal indictment containing an allegation that the property is subject to forfeiture.
**If the government does not send a notice of seizure of property in accordance with a 60 day notice and no extension of time has been granted the government shall return all properties to that person without prejudice to the right of the government not to commerce a forfeiture proceeding at a later day.
Burden of Proof
In a suit or action brought under any civil forfeiture statute for the civil forfeiture of any any property
*The burden of proof is on the government to establish by a PREPONDERANCE OF EVIDENCE that the property is subject to forfeiture.
If the court finds that the forfeiture is grossly disproportion to the offense it shall reduce or climate the forfeiture as necessary to a avoid a VIOLATION OF THE EXCESSIVE SEIZURE CLAUSE OF THR 8 TH AMENDANT OF THE CONSTITUTION.
Techdirt has not posted any stories submitted by Joe.
Seizures
Government (state and federal) are required to send written notice to interested parties, such notice shall be sent in a manner of no more than 60 days after the date of seizure.
If before the 60 days period expires the Government does not file a civil judicial forfeiture action but does obtain a criminal indictment containing an allegation that the property is subject to forfeiture.
**If the government does not send a notice of seizure of property in accordance with a 60 day notice and no extension of time has been granted the government shall return all properties
to that person without prejudice to the right of the government not to commerce a forfeiture proceeding at a later day.
Burden of Proof
In a suit or action brought under any civil forfeiture statute for the civil forfeiture of any any property
*The burden of proof is on the government to establish by a PREPONDERANCE OF EVIDENCE that the property is subject to forfeiture.
If the court finds that the forfeiture is grossly disproportion to the offense it shall reduce or climate the forfeiture as necessary to a avoid a
VIOLATION OF THE EXCESSIVE SEIZURE CLAUSE OF THR 8 TH AMENDANT OF THE CONSTITUTION.
Re:
Home seizures
I understand your concern about them filing a case against me but one battle at a time and the first should be the property return to my family.
I do have a major concern though i will be in the ukraine for awhile having more surgeries. If the prosecutor does file charges against me i am hoping there will not be an arrest warrant when i enter the
united states. I will be bringing Valentina my wife and Alice my daughter into the united states for the first time. We have been working on my wife's visa for a year now and shortly we will have our interview at the
United States Embassy in Kiev and she will get her visa for united sates citizenship. My daughter Alice was born 5 weeks ago.
Whomever is handling the case against me didn't meet the dead lines for a seizure notice and an extension. We must take advantage of this opportunity.
Last October the MICHIGAN SENATE passed legislation on the law enforcemnt restricting abuse wouldnt happen from them seizing property. Out of the united states Michigan received a D- grade for abuse in forteitures !!!
***I would like a response from you that you understand what i want accomplished immediately. Meaning i want no delay in setting these requests in motion.
You must contact the people holding these items and simply say someone is coming to get them. They have no recourse because they didn't follow protocol and you can explain that to them….PERIOD !!
Kody and my mother will pick the items up and the 3 cars will be taken away by a towing service.
They are basically holding mine and my families belongings hostage.
I will not let this matter go unaddressed and them pirating the house and taking everything i worked for over 40 years is not going to be acceptable !!!
Their seizure was imposed with pure profit in mind !!!! Well over $200,000 in items and house damage.
I want to see the original warrant application on both search warrants also.
After we were detained and my MOTHERS house was being ripped apart they some how got a second search warrant within minutes and basically took the Chevell and Jaguar.
The Fourth Amendment states the warrants be detailed
First on the search warrant:
General Reasonableness:
Overlaying all the rules is a requirement that officers executing the search warrant act reasonably.
-refusal tho show search warrant even though the resident asked for it
- I never saw any search warrant paper work:
-Cannot be held in hand cuffs outside with no food, water or bathroom.
-Kody was outside in 80 degrees temperatures for 8 hours with no bathroom water or food
*in many federal and state courts the court excluded evidence the officers found during a search on a finding that a the conducted the search warrant unreasonable.
Seizure Issues
The fourth amendment of the Constitution requires that a warrant include a detailed description of the place officers will search and the evidence they seize.
The warrant has to be specific enough that an officer with no connection to the case would know whereto search and what to collect.
Also the officers must also confine their inspections to the areas that possibly could contain the relevant evidence and anything not specially related to the case are not to be touched or taken.
*Also the damage to the house was excessive and destructive and a civil suit should be filed for damages ($30,000) and lets not forget they started the house on fire and ran a gas generator in the house with three dogs in gages in the house which can be consider animal cruelty. when they ran generator everyone went outside because of the fumes from the generator but they left the dogs in their ages in the house !!!!!!
While the fire department had protective breathing gear on.
**Government (state and federal) are required to send written notice to interested parties, such notice shall be sent in a manner of no more than 60 days after the date of seizure.
If before the 60 days period expires the Government does not file a civil judicial forfeiture action but does obtain a criminal indictment containing an allegation that the property is subject to forfeiture.
**If the government does not send a notice of seizure of property in accordance with a 60 day notice and no extension of time has been granted the government shall return all properties
to that person without prejudice to the right of the government not to commerce a forfeiture proceeding at a later day.
Burden of Proof
In a suit or action brought under any civil forfeiture statute for the civil forfeiture of any any property
*The burden of proof is on the government to establish by a PREPONDERANCE OF EVIDENCE that the property is subject to forfeiture.
If the court finds that the forfeiture is grossly disproportion to the offense it shall reduce or climate the forfeiture as necessary to a avoid a
VIOLATION OF THE EXCESSIVE SEIZURE CLAUSE OF THR 8 TH AMENDANT OF THE CONSTITUTION.
Home seizures
I understand your concern about them filing a case against me but one battle at a time and the first should be the property return to my family.
I do have a major concern though i will be in the ukraine for awhile having more surgeries. If the prosecutor does file charges against me i am hoping there will not be an arrest warrant when i enter the
united states. I will be bringing Valentina my wife and Alice my daughter into the united states for the first time. We have been working on my wife's visa for a year now and shortly we will have our interview at the
United States Embassy in Kiev and she will get her visa for united sates citizenship. My daughter Alice was born 5 weeks ago.
Whomever is handling the case against me didn't meet the dead lines for a seizure notice and an extension. We must take advantage of this opportunity.
Last October the MICHIGAN SENATE passed legislation on the law enforcemnt restricting abuse wouldnt happen from them seizing property. Out of the united states Michigan received a D- grade for abuse in forteitures !!!
***I would like a response from you that you understand what i want accomplished immediately. Meaning i want no delay in setting these requests in motion.
You must contact the people holding these items and simply say someone is coming to get them. They have no recourse because they didn't follow protocol and you can explain that to them….PERIOD !!
Kody and my mother will pick the items up and the 3 cars will be taken away by a towing service.
They are basically holding mine and my families belongings hostage.
I will not let this matter go unaddressed and them pirating the house and taking everything i worked for over 40 years is not going to be acceptable !!!
Their seizure was imposed with pure profit in mind !!!! Well over $200,000 in items and house damage.
I want to see the original warrant application on both search warrants also.
After we were detained and my MOTHERS house was being ripped apart they some how got a second search warrant within minutes and basically took the Chevell and Jaguar.
The Fourth Amendment states the warrants be detailed
First on the search warrant:
General Reasonableness:
Overlaying all the rules is a requirement that officers executing the search warrant act reasonably.
-refusal tho show search warrant even though the resident asked for it
- I never saw any search warrant paper work:
-Cannot be held in hand cuffs outside with no food, water or bathroom.
-Kody was outside in 80 degrees temperatures for 8 hours with no bathroom water or food
*in many federal and state courts the court excluded evidence the officers found during a search on a finding that a the conducted the search warrant unreasonable.
Seizure Issues
The fourth amendment of the Constitution requires that a warrant include a detailed description of the place officers will search and the evidence they seize.
The warrant has to be specific enough that an officer with no connection to the case would know whereto search and what to collect.
Also the officers must also confine their inspections to the areas that possibly could contain the relevant evidence and anything not specially related to the case are not to be touched or taken.
*Also the damage to the house was excessive and destructive and a civil suit should be filed for damages ($30,000) and lets not forget they started the house on fire and ran a gas generator in the house with three dogs in gages in the house which can be consider animal cruelty. when they ran generator everyone went outside because of the fumes from the generator but they left the dogs in their ages in the house !!!!!!
While the fire department had protective breathing gear on.
**Government (state and federal) are required to send written notice to interested parties, such notice shall be sent in a manner of no more than 60 days after the date of seizure.
If before the 60 days period expires the Government does not file a civil judicial forfeiture action but does obtain a criminal indictment containing an allegation that the property is subject to forfeiture.
**If the government does not send a notice of seizure of property in accordance with a 60 day notice and no extension of time has been granted the government shall return all properties
to that person without prejudice to the right of the government not to commerce a forfeiture proceeding at a later day.
Burden of Proof
In a suit or action brought under any civil forfeiture statute for the civil forfeiture of any any property
*The burden of proof is on the government to establish by a PREPONDERANCE OF EVIDENCE that the property is subject to forfeiture.
If the court finds that the forfeiture is grossly disproportion to the offense it shall reduce or climate the forfeiture as necessary to a avoid a
VIOLATION OF THE EXCESSIVE SEIZURE CLAUSE OF THR 8 TH AMENDANT OF THE CONSTITUTION.
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