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In addition to the minimum contacts test asserted in International Shoe, the assertion of specific personal jurisdiction must be reasonable. The Court in World-Wide Volkswagen Corp. v. Woodson asserted a five-part test for determining if the assertion of personal jurisdiction in a forum state was reasonable. This test considers: the burden on ...
Search Warrant of Property at 104 East Tenth Street, Kansas City, Missouri. An unusual in rem case heard by the Supreme Court where the named object was not the seized property but the warrant under which it was seized. Since all the government agents involved were indisputably acting within the law as it stood, the only way for the petitioner ...
This personal jurisdiction is specific to the act, and a party cannot be sued for unrelated activity. In many instances, state long-arm statutes extend personal jurisdiction to the extent allowed by the U.S. Constitution. There are two kinds of personal jurisdiction, general and specific jurisdiction: [2]
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.
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.
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 ...
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 ...
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 ...