Believe it or not, you don’t have to be a criminal for the police to take your property, and keep it. It doesn’t matter if your cash is hidden in your luggage, stored in a safe, or even in a safety deposit box at the bank—if the police know it’s there, they will take it, and often times, without effecting an arrest or issuing a citation.
In March, 2010, the Institute for Justice published Policing for Profit, an article that discusses the forfeiture laws of each state, and grades each state based on the police incentives for abuse. The article shows that despite the varying degrees of police incentives in each state, every state promotes the seizure of property by granting the seizing agency a stake in the property they seize for forfeiture.
In February, 2015, Forbes published an article that identified a routine procedure used by the Humboldt County Sheriff’s Office to seize property from people driving on their highways. Once a deputy stops a motorist for speeding, he uses his drug-detection K9 to sniff the car for drugs. Of course, the K9 “alerts,” so the deputy searches the vehicle. Even though he does not find any drugs, he will seize whatever cash he discovers without making an arrest or even issuing a citation.
The Forbes article identified seizures ranging from $1,000 to $40,000, and no one being charged with crime, not even a traffic citation. In one instance, the deputy’s dash camera caught him asking the driver “How much money you got? …I’m seizing it.” The same deputy is later seen autographing pictures of himself holding the cash he seized with his drug dog. At this point after the seizure, the motorists encounter the grave problem of weaving through statutory framework and sprinting to the courthouse in a timely manner to properly file a claim before their opportunity is lost forever.
This blog briefly outlines the procedures for asserting a claim to property seized for forfeiture in Arizona, including the narrow time periods for filing a claim and a request for a hearing on whether probable cause exists for the seizure. These narrow time periods make it difficult to retain an attorney with sufficient time for the attorney to respond, so every potential claimant should know how to submit a claim on their own. However, this blog does not, and is not intended to, substitute for competent legal advice from an experienced attorney, about the facts of your case. Every case is unique, and this blog may not apply to your situation.
Background: Forfeiture Actions are Civil in Nature
To understand these civil actions, picture a stack of cash with eyes, ears, and a mouth, and the ability to commit crimes. If, for example, your able-bodied stack of cash starts selling drugs, it becomes “tainted with criminality,” and its right to liberty may be infringed upon by the government, e.g. seized. Once the stack of cash is arrested and incarcerated, like a criminal defendant, a bond can be posted for its release, or the owner can wait around for the State to initiate a forfeiture action, as they would a criminal action against a person.
Since these actions are civil in nature and against the property, rather than the property owner, the property owner is not entitled to the same constitutional protections as criminal defendants. Instead, the constitutional protection most often recognized is the property owner’s right to due process. It is important for the property owner to assert his due process rights at every opportunity. For example, the property owner can assert his due process rights by a simple letter to the seizing agency demanding the property be released immediately.
Requesting the immediate release of property from the seizing agency is appropriate until the State of Arizona serves the property owner with one of two documents: “Notice of Seizure for Forfeiture” or “Notice of Pending Forfeiture.” These two documents are specifically referenced by statute and implicate the strict time periods for contesting the forfeiture of the property.
Notice of Seizure for Forfeiture
A common problem that arises after the property is seized, is waiting around for the State to bring a forfeiture action. In Arizona, the State has seven years to bring such an action, but nothing precludes the property owner from demanding the property’s release at any time. However, if the State serves a “Notice of Seizure for Forfeiture” (NSF) the property owner must follow the statutes to claim the property.
The first deadline implicated by the NSF is the property owner’s right to request a hearing on the sole issue of whether probable cause then exists to believe the property is subject to forfeiture. This request must comply with the requirements of A.R.S. §13-4311(E) and (F), and must be served within 15 days of the NSF. This hearing is the first step to challenging the forfeiture action, and is the first opportunity to hear the seizing officer testify as to the probable cause to believe the property is subject to forfeiture.
Notice of Pending Forfeiture
The second deadline implicated by the NSF is, within sixty (60) days, the State must file a “Notice of Pending Forfeiture” (NPF), or complaint. When the seizing officer serves the NSF, the State tends to overlook this sixty day deadline, which can be used to obtain the quick release of your property. [In re $3,636.24, 198 Ariz. 504, 11 P.3d 1043 (Ct. App. 2000).]
The State has sixty (60) days to commence a forfeiture action from the date of the Notice of Seizure for Forfeiture. The State will usually commence forfeiture by serving a Notice of Pending Forfeiture. However, the State can also commence forfeiture by filing a complaint with the court. As soon as you receive a Notice of Pending Forfeiture, you must act quickly.
Filing a Claim
The property owner has thirty (30) days to file a “Verified Claim” demonstrating ownership to the property. The court is precluded from allowing any extensions of time to file the claim. The claim of ownership must comply with the requirements of A.R.S. §13-4311 (E)-(F). A.R.S. §13-4311 can be found here. The claim must be mailed to the seizing agency and to the attorney for the State. Depending on the specific facts of each case, the claimant must be careful to avoid exposing him- or herself to unnecessary criminal liability. Assistance from an experienced attorney when filing a claim to seized property is critical.
Once a claim has been filed, the claimant will have preserved his or her interest in the property. At this point, this is an excellent time to retain an experienced attorney to litigate the claim. This article only outlined the procedures for forfeitures brought by Arizona (including city and county) officials, and does not outline procedures in other states or by the federal government.
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Hands down, Apple’s app store wins by a mile. It’s a huge selection of all sorts of apps vs a rather sad selection of a handful for Zune. Microsoft has plans, especially in the realm of games, but I’m not sure I’d want to bet on the future if this aspect is important to you. The iPod is a much better choice in that case.
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Apple now has Rhapsody as an app, which is a great start, but it is currently hampered by the inability to store locally on your iPod, and has a dismal 64kbps bit rate. If this changes, then it will somewhat negate this advantage for the Zune, but the 10 songs per month will still be a big plus in Zune Pass’ favor.
Zune and iPod: Most people compare the Zune to the Touch, but after seeing how slim and surprisingly small and light it is, I consider it to be a rather unique hybrid that combines qualities of both the Touch and the Nano. It’s very colorful and lovely OLED screen is slightly smaller than the touch screen, but the player itself feels quite a bit smaller and lighter. It weighs about 2/3 as much, and is noticeably smaller in width and height, while being just a hair thicker.
Sorry for the huge review, but I’m really loving the new Zune, and hope this, as well as the excellent reviews some other people have written, will help you decide if it’s the right choice for you.
Zune and iPod: Most people compare the Zune to the Touch, but after seeing how slim and surprisingly small and light it is, I consider it to be a rather unique hybrid that combines qualities of both the Touch and the Nano. It’s very colorful and lovely OLED screen is slightly smaller than the touch screen, but the player itself feels quite a bit smaller and lighter. It weighs about 2/3 as much, and is noticeably smaller in width and height, while being just a hair thicker.
The new Zune browser is surprisingly good, but not as good as the iPod’s. It works well, but isn’t as fast as Safari, and has a clunkier interface. If you occasionally plan on using the web browser that’s not an issue, but if you’re planning to browse the web alot from your PMP then the iPod’s larger screen and better browser may be important.
Zune and iPod: Most people compare the Zune to the Touch, but after seeing how slim and surprisingly small and light it is, I consider it to be a rather unique hybrid that combines qualities of both the Touch and the Nano. It’s very colorful and lovely OLED screen is slightly smaller than the touch screen, but the player itself feels quite a bit smaller and lighter. It weighs about 2/3 as much, and is noticeably smaller in width and height, while being just a hair thicker.
I’ll gear this review to 2 types of people: current Zune owners who are considering an upgrade, and people trying to decide between a Zune and an iPod. (There are other players worth considering out there, like the Sony Walkman X, but I hope this gives you enough info to make an informed decision of the Zune vs players other than the iPod line as well.)
Between me and my husband we’ve owned more MP3 players over the years than I can count, including Sansas, iRivers, iPods (classic & touch), the Ibiza Rhapsody, etc. But, the last few years I’ve settled down to one line of players. Why? Because I was happy to discover how well-designed and fun to use the underappreciated (and widely mocked) Zunes are.
I’ll gear this review to 2 types of people: current Zune owners who are considering an upgrade, and people trying to decide between a Zune and an iPod. (There are other players worth considering out there, like the Sony Walkman X, but I hope this gives you enough info to make an informed decision of the Zune vs players other than the iPod line as well.)
Apple now has Rhapsody as an app, which is a great start, but it is currently hampered by the inability to store locally on your iPod, and has a dismal 64kbps bit rate. If this changes, then it will somewhat negate this advantage for the Zune, but the 10 songs per month will still be a big plus in Zune Pass’ favor.
I’ll gear this review to 2 types of people: current Zune owners who are considering an upgrade, and people trying to decide between a Zune and an iPod. (There are other players worth considering out there, like the Sony Walkman X, but I hope this gives you enough info to make an informed decision of the Zune vs players other than the iPod line as well.)
Apple now has Rhapsody as an app, which is a great start, but it is currently hampered by the inability to store locally on your iPod, and has a dismal 64kbps bit rate. If this changes, then it will somewhat negate this advantage for the Zune, but the 10 songs per month will still be a big plus in Zune Pass’ favor.
If you’re still on the fence: grab your favorite earphones, head down to a Best Buy and ask to plug them into a Zune then an iPod and see which one sounds better to you, and which interface makes you smile more. Then you’ll know which is right for you.
If you’re still on the fence: grab your favorite earphones, head down to a Best Buy and ask to plug them into a Zune then an iPod and see which one sounds better to you, and which interface makes you smile more. Then you’ll know which is right for you.
This is getting a bit more subjective, but I much prefer the Zune Marketplace. The interface is colorful, has more flair, and some cool features like ‘Mixview’ that let you quickly see related albums, songs, or other users related to what you’re listening to. Clicking on one of those will center on that item, and another set of “neighbors” will come into view, allowing you to navigate around exploring by similar artists, songs, or users. Speaking of users, the Zune “Social” is also great fun, letting you find others with shared tastes and becoming friends with them. You then can listen to a playlist created based on an amalgamation of what all your friends are listening to, which is also enjoyable. Those concerned with privacy will be relieved to know you can prevent the public from seeing your personal listening habits if you so choose.
Sorry for the huge review, but I’m really loving the new Zune, and hope this, as well as the excellent reviews some other people have written, will help you decide if it’s the right choice for you.
Hands down, Apple’s app store wins by a mile. It’s a huge selection of all sorts of apps vs a rather sad selection of a handful for Zune. Microsoft has plans, especially in the realm of games, but I’m not sure I’d want to bet on the future if this aspect is important to you. The iPod is a much better choice in that case.
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Hands down, Apple’s app store wins by a mile. It’s a huge selection of all sorts of apps vs a rather sad selection of a handful for Zune. Microsoft has plans, especially in the realm of games, but I’m not sure I’d want to bet on the future if this aspect is important to you. The iPod is a much better choice in that case.