Prosecutorial Misconduct for Civil Asset Forfeiture

A prosecutor’s actions and dubious conduct in handling a civil asset forfeiture led to Rule 11 sanctions against the state and likely bar sanctions against the attorney

In re $26,305 in U.S. Currency, 2016 BL 426593, Ariz. Ct. App., Div. 2, No. 2 CA-CV 2015-0171, 12/20/16.

The Arizona Court of Appeals affirmed a Rule 11 sanction against the state and referred a prosecutor to the state bar for abusing the state’s civil asset forfeiture action. After a truck and nearly $26,000 were seized by police, the state proceeded with a civil forfeiture action as to the vehicle and cash. The driver of the vehicle filed a claim for the money and the owner of the vehicle filed a claim for the truck. Later, the state represented that they have filed proper notice about the forfeiture and had not received any claims for the seized property, which was ultimately untrue. The appellate court found that the prosecutor “failed to conduct any reasonable inquiry into whether the application for uncontested forfeiture was grounded in fact or law.” Additionally, the prosecutor ignored court orders to address the claims filed for the truck and money, which almost led to contempt orders.

http://www.bloomberglaw.com/public/document/In_re_26305_in_US_Currency_No_2_CACV_20150171_2016_BL_426593_Ariz.