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In civil forfeiture, assets are seized by police based on a suspicion of wrongdoing, and without having to charge a person with specific wrongdoing, with the case being between police and the thing itself, sometimes referred to by the Latin term in rem, meaning "against the property"; the property itself is the defendant and no criminal charge ...
Confiscation (from the Latin confiscatio "to consign to the fiscus, i.e. transfer to the treasury") is a legal form of seizure by a government or other public authority. The word is also used, popularly, of spoliation under legal forms, or of any seizure of property as punishment or in enforcement of the law.
Asset forfeiture or asset seizure is a form of confiscation of assets by the authorities.In the United States, it is a type of criminal-justice financial obligation.It typically applies to the alleged proceeds or instruments of crime.
Dareton police search the vehicle of a suspected drug smuggler in Wentworth, in the state of New South Wales, Australia, near the border with Victoria.. Search and seizure is a procedure used in many civil law and common law legal systems by which police or other authorities and their agents, who, suspecting that a crime has been committed, commence a search of a person's property and ...
The plaintiffs each had their property seized by D.C.'s Metropolitan Police Department (MPD). Five of the plaintiffs were arrested during a Black Lives Matter protest in the Adams Morgan ...
The owner or beneficiary of targeted property must then prove that either that the property was not involved or that he/she provide an innocent owner defense. In rem asset recovery has been controversial and the fairness of the procedures has been questioned. Prior to 2000 in the United States, for example, the burden of proof was on the ...
The Disaster Recovery Personal Protection Act of 2006 was a bill introduced in the United States Congress intended to prohibit the confiscation of legally possessed firearms during a disaster. Its provisions became law in the form of the Vitter Amendment to the Department of Homeland Security Appropriations Act of 2007.
When police confiscate [2] or destroy a citizen's photographs or recordings of officers' misconduct, the police's act of destroying the evidence may be prosecuted as an act of evidence tampering, if the recordings being destroyed are potential evidence in a criminal or regulatory investigation of the officers themselves. [9]