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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 ...
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 ...
In response, more than half of all states have passed some form of civil asset forfeiture reform. But local and state police have often gotten around those laws by participating in the equitable ...
Nevada Highway Patrol (NHP) used a legal loophole that allowed police officers to seize property under state law and then process it federally. When doing this, NHP received up to 80% of the ...
In 2015 a number of criminal justice reformers, including Koch family foundations and the ACLU, announced plans to reduce asset forfeiture in the United States due to the disproportionate penalty it places on low-income alleged wrongdoers. The forfeiture of private property often results in the deprivation of the majority of a person's wealth. [25]
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 ...
Last year, 2022, marked the 28th year civil asset forfeiture imperiled people’s rights to property and due process in Kansas. Perhaps, in 2023, it is time to protect them.
Civil forfeiture in the United States; Property Law in Colonial New York; Community property in the United States; Constitution Park (New Hampshire) Criminal-justice financial obligations in the United States