Louis A. Hardison v. United States
1. UNDER MISSOURI STATUTE RSMO 513.647 WHICH REQUIRES A TURNOVER ORDER OF SEIZED PROPERTY TO FEDERAL CONTROL EVEN BY STATE ACTOR'S WHO ARE DEPUTIZE AS FEDERAL LAW ENFORCEMENT UNDER RSMO 513.649. THE QUESTIONED PRESENTED IS WHETHER UNDER MISSOURI STATUTE 513.607613.647 DO THE STATE OF MISSOURI HAVE EXCLUSIVE IN REM JURISDICTION CONCERNING THE STATE LAW EXPRESSLY PROVIDES JURISDICTION AS AN INTEGRAL ELEMENT OF ITS STATUTORY WARRANT AND SEIZURE SCHEME EVEN WHEN STATE AND LOCAL GOVERNMENT FAILED TO INITIATE FORFEITURE PROCEEDINGS.
2. UNDER MISSOURI STATUTE RSMO 513.647.2 AND 18 USC 983(a)(1)(A)(iv) THE STATE OR LOCAL LAW ENFORCEMENT IS TO PROVIDE NOTICE TO PETITIONER. THE QUESTIONED PRESENTED IS WHETHER UNDER THE FIFTH AND FOURTEENTH AMENDMENT OF THE US CONSTITUTION AND MISSOURI ARTICLE 1 SECTION 10 OF DUE PROCESS WAS PETITIONER DENIED HIS PROCESS DUE.
3. EIGHTH CIRCUIT PRECEDENT IN MADEWELL V DOWNS 68 F.3d 1030, 1042 (1995) SPECIFICALLY STATES THE STATE OF MISSOURI REQUIRES A TURNOVER ORDER BEFORE PROPERTY CAN BE TRANSFERRED TO FEDERAL CONTROL. THE QUESTIONED PRESENTED IS WHETHER WHEN DETERMINING THE 'REASONABLENESS" OF THE EIGHTH CIRCUIT IS IT APPROPRIATE TO JUSTIFY A DEVIATION FROM IT'S PRIOR PRECEDENT ON THE SAME SUBJECT MATTER.
4. UNDER FORMER ATTORNEY GENERAL ERIC HOLDER EXECUTIVE ORDER DATED JANUARY 16, 2015 CONCERNING STATE ADOPTION STATES: THE NEW POLICY WILL ENSURE THAT ADOPTION IS EMPLOYED ONLY TO PROTECT PUBLIC SAFETY AND DOES NOT EXTEND TO SEIZURES WHERE STATE AND LOCAL JURISDICTION CAN MORE APPROPRIATELY ACT THE QUESTION PRESENTED IS WHETHER US ATTORNEY OF WESTERN DISTRICT OF MISSOURI, DISTRICT COURTS AND EIGHTH CIRCUIT ROUTINELY VIOLATED THIS EXECUTIVE ORDER TO CIRCUMVENT MISSOURI FORFEITURE LAWS IN OBTAINING A TURNOVER ORDER, AND DOES THE SYSTEMIC FRAUD IN THE JUDICIARY OF THE FEDERAL COURTS IN MISSOURI INVITES ANARCHY AND TERRIBLE RETRIBUTION AND IMPERILS THE EXISTENCE OF THE GOVERNMENT WHEN THEY ARE THE LAW BREAKERS.
5. UNDER THE REQUEST FOR ADOPTION OF STATE OR LOCAL SEIZURES AND THE ASSET FORFEITURE POLICY MANUAL SEIZURE BY STATE AND LOCAL LAW ENFORCEMENT CHAPTER 14 SECTION B.3 30-DAY RULE FOR PRESENTATION FOR FEDERAL ADOPTION A. 1 SEIZURE BY A FEDERAL TASK FORCE OFFICER: THE TFO'S ACTIONS AND AUTHORIZATIONS FOR THOSE ACTIONS WERE RELATED TO HIS/HERS DUTIES AND AUTHORIZATIONS AS A STATE OR LOCAL LAW ENFORCEMENT AGENT. THE QUESTION PRESENTED IS WHETHER WHEN A MISSOURI LAW ENFORCEMENT OFFICER NOT IN HIS CAPACITY AS A TASK FORCE OFFICER VIOLATED BOTH THE ASSET FORFEITURE MANUAL AND MISSOURI STATUTES THAT FORBIDS A STATE OR LOCAL LAW ENFORCEMENT TO TRANSFER SEIZED PROPERTY WITHOUT A TURNOVER ORDER. AND DO THE TIME
Whether Missouri statute RSMO 513.607-613.647 provides exclusive in rem jurisdiction over seized property even when state and local government fail to initiate forfeiture proceedings