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In a civil forfeiture case in the United States, the state is the plaintiff and a thing is the defendant—in this case, the thing is $25,180 cash that was seized by police under suspicion of being involved in illegal activity. In legal terms, it is an in rem case (against a thing) as opposed to an in personam case (against a person). Here is ...
United States v. $124,700 in U.S. Currency; United States v. 422 Casks of Wine; United States v. Approximately 64,695 Pounds of Shark Fins; United States v. Article Consisting of 50,000 Cardboard Boxes More or Less, Each Containing One Pair of Clacker Balls; United States v. Forty Barrels and Twenty Kegs of Coca-Cola; United States v.
Bennis v. Michigan, 516 U.S. 442 (1996), was a decision by the United States Supreme Court, which held that the innocent owner defense is not constitutionally mandated by Fourteenth Amendment Due Process in cases of civil forfeiture.
The Supreme Court stated the law on the matter: under the Due Process Clause of the 14th Amendment, states ordinarily may not seize real property (real estate) before providing notice and a ...
For example, North Carolina effectively abolished civil forfeiture and now requires all proceeds to fund schools, but in 2023 a sex crime victim was denied a $69,000 court-ordered settlement from ...
The Alabama Law Enforcement Agency's fiscal year 2023 (2024 is not yet available) report on civil asset forfeiture shows 983 cases were opened statewide, and 505 cases involved arrests.
Bronston v. United States: 409 U.S. 352 (1973) Literally truthful statements under oath cannot be prosecuted as perjury even if intent was to mislead questioner United States v. Dionisio: 410 U.S. 1 (1973) Compelled production of voice samples and the Fourth and Fifth Amendment. United States v. Mara aka Marasovich: 410 U.S. 19 (1973)
Timbs v. Indiana, 586 U.S. 146 (2019), was a United States Supreme Court case in which the Court considered whether the excessive fines clause of the Constitution's Eighth Amendment applies to state and local governments.