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Civil forfeiture is independent of any criminal case, and because of this, the forfeiture action may be filed before indictment, after indictment, or even if there is no indictment. Likewise, civil forfeiture may be sought in cases in which the owner is criminally acquitted of the underlying crimes ...
The assets that are forfeited for criminal and civil offenses are used "to put more cops on the street", according to former United States President George H. W. Bush. [27] [failed verification] The assets are dispersed among the law enforcement community for things such as paying the attorneys involved in the forfeiture case, police vehicles ...
The study, published in Criminal Justice Review Nov. 3, finds that crime rates did not worsen in New Mexico when the state eliminated civil forfeiture, a law enforcement maneuver that allows the ...
This chapter, added in 1986 by 100 Stat. 3207-35, concerns the civil and criminal seizure of property and assets used in crimes. § 981. Civil forfeiture § 982. Criminal forfeiture § 983. General rules for civil forfeiture proceedings § 984. Civil forfeiture of fungible property § 985. Civil forfeiture of real property § 986.
The Supreme Court stated the law on the matter: under the Due Process Clause of the 14th Amendment, states ordinarily may not seize real property (real estate) before providing notice and a ...
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 ...
Fines and forfeiture of property – These are considered a form of punishment. In February 2019, the Supreme Court ruled that civil asset forfeiture may constitute excess fines and therefore be unconstitutional, even when imposed by states. [3] Costs and fees – These may include court costs, fees for supervision, payments for legal ...
WASHINGTON (Reuters) -The U.S. deputy attorney general has suspended a controversial civil asset-forfeiture program by the Drug Enforcement Administration that targeted unsuspecting airline ...