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What has caused controversy is when the property of innocent persons is seized by police who believe that the seized items were involved in criminal activity. A June 2019 study found that more equitable sharing funds do not translate into more crimes solved, not improving overall police effectiveness. Such funds also do not lead to less drug use.
The Supreme Court refuses to tighten the rules when police seize cars.
Pennsylvania seized using illegally obtained evidence. In 1996, the Supreme Court in Bennis v. Michigan upheld the seizure of a vehicle as contraband, despite the owner's use of the innocent owner defense. USA v. $124,700 August 18, 2006 case from the Eighth Circuit Court on civil forfeiture of $124,700.
Under typical civil asset forfeiture laws, police can seize property suspected of being connected to illegal activity even if the owner isn't charged with a crime.
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The owner of the property that is taken by the government must be justly compensated. When determining the amount that must be paid, the government does not need to take into account any speculative schemes in which the owner claims the property was intended to be used. Normally, the fair market value of the property determines "just ...
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 ...
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 ...