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Sunday, August 15, 2010

Ind. Law - Asset forfeiture laws and the Common School Fund [Updated]

The Indianapolis Star has a long front-page story today on asset forfeitures, pointing out that such monies are required by law to go to the Common School Fund, but hardly ever make it there because law enforcement entities first deduct their costs. In keeping with the Star's recent practice, the excellent story is not available online.

Here are some items not touched or, or not developed fully, in the story, not in any particular order.

[Updated 8/16/2010] Attorney Paul K. Ogden, ROBERTS & BISHOP, writes this morning to note:

Some people are grossly misinterpreting that [5/12/2010 AG] opinion. It says that only criminal forfeiture MUST go to the common school fund. Civil forfeiture doesn't have to...but the legislature has made the decision that the excess above law enforcement costs goes to the common school fund. The opinion expressly recognizes that. A few people I've run across misinterpret the AG opinoin as that even though the legislature says excess civil forfeiture funds goes to the common school fund under the statute it doesn't have to because it's not constitutionally mandated per the AG opinion. Obviously that's an incorrect way to interpret the law.

Posted by Marcia Oddi on August 15, 2010 05:56 PM
Posted to Indiana Law