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Civil forfeiture is independent of any criminal case, and because of this, the forfeiture action may be filed before indictment, after indictment, or even if there is no indictment. Likewise, civil forfeiture may be sought in cases in which the owner is criminally acquitted of the underlying crimes ...
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 ...
Forfeiture is broadly defined as the loss of property for failing to obey the law, and that property is generally lost to the state. A person may have a vested interest in property to be forfeit in two ways: In personum jurisdiction and in rem jurisdiction .
Fines and forfeiture of property – These are considered a form of punishment. In February 2019, the Supreme Court ruled that civil asset forfeiture may constitute excess fines and therefore be unconstitutional, even when imposed by states. [3] Costs and fees – These may include court costs, fees for supervision, payments for legal ...
Civil forfeiture allows law enforcement to take people's assets if the government suspects them of criminal activity. Kizer moved to challenge his forfeiture at trial, which the Indiana Court of ...
“The court recognized that Nevada’s civil forfeiture laws are clear: state police cannot outsource forfeitures to the federal government to make extra money. This ruling is a big step toward ...
While civil procedure, as opposed to criminal procedure, generally involves a dispute between two private citizens, civil forfeiture involves a dispute between law enforcement and property such as a pile of cash or a house or a boat, such that the thing is suspected of being involved in a crime. To get back the seized property, owners must ...
Under typical civil asset forfeiture laws, police can seize property suspected of being connected to illegal activity even if the owner isn't charged with a crime. Law enforcement groups say the ...