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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 ...
Many circuit courts have said that law enforcement can hold your property for as long as they want. D.C.’s high court decided last week that’s unconstitutional.
A confiscation order is a court order made in the Crown Court requiring a convicted defendant to pay a specified amount of money to the state by a specified date. Secondly, there are cash forfeiture proceedings, which take place (in England and Wales) in a magistrates' court with a right of appeal to the Crown Court , having been brought by ...
A divided Supreme Court ruled Thursday that authorities do not have to provide a quick hearing when they seize cars and other property used in drug crimes, even when the property belongs to so ...
Over the past four years, Kansas law enforcement seized $23.1 million in cash and property allegedly linked to criminal activity. Most of the time, owners never tried to take it back.
Forfeiture ordered, Jackson County Circuit Court, unreported; affirmed, Missouri Supreme Court, 334 S. W. 2d 119: Holding; Where material to be seized may be protected by First Amendment, search warrant must be as specific as possible as to items to be seized; seizure itself must be limited only to items enumerated in warrant.
A warrant is generally an order that serves as a specific type of authorization, that is, a writ issued by a competent officer, usually a judge or magistrate, that permits an otherwise illegal act that would violate individual rights in order to enforce the law and aid in investigations; affording the person executing the writ protection from damages if the act is performed.
Distraint is the act or process "whereby a person (the distrainor), traditionally even without prior court approval, seizes the personal property of another located upon the distrainor's land in satisfaction of a claim, as a pledge for performance of a duty, or in reparation of an injury."