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Civil forfeiture in the United States has a history dating back several hundred years, with roots in British maritime law. In the mid-1600s, when what would become the United States was a British colony, the British Navigation Acts were enacted.
The state, however, also used their forfeiture law to confiscate the Land Rover as a civil action, as Timbs had used the vehicle to transport the drugs. Following his year of house arrest, Timbs found it difficult to get back into society without a vehicle; though he ultimately found a job that accepted his criminal history, it required him to ...
An innocent owner defense is a concept in United States law providing for an affirmative defense that applies when an owner claims innocence of a crime and so the property should not be forfeited. It is defined in section 983(d) of title 18 of the United States Code ( 18 U.S.C. § 983(d) ) and is part of the Code that defines forfeiture laws ...
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.
New Mexico, for example, passed laws to end civil forfeiture, redirect all criminal forfeiture proceeds to the state’s general fund and place restrictions on the federal forfeiture equitable ...
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The Ohio Revised Code (ORC) contains all current statutes of the Ohio General Assembly of a permanent and general nature, consolidated into provisions, titles, chapters and sections. [1] However, the only official publication of the enactments of the General Assembly is the Laws of Ohio; the Ohio Revised Code is only a reference. [2]
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.