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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.
Purchases in the United States by a non-resident corporation are insufficient under the minimum contacts test to establish in personam jurisdiction Bose Corp. v. Consumers Union of United States, Inc. 466 U.S. 485 (1984) Appellate courts may make finding of "actual malice" required for libel claims against public figures by the First Amendment
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.
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 ...
Approximately 64,695 Pounds of Shark Fins (520 F.3d 976) is a 2008 decision of the United States Court of Appeals for the Ninth Circuit concerning civil forfeiture in admiralty law. Judge Stephen Reinhardt wrote for a three-judge panel that ordered that the shark fins be returned to their owners, reversing a decision by the Southern District of ...
The cars of two Alabama women were seized for more than a year before courts found they were innocent owners. The Supreme Court says they had no constitutional right to a preliminary hearing.
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.