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Asset forfeiture or asset seizure is a form of confiscation of assets by the authorities. In the United States, it is a type of criminal-justice financial obligation . It typically applies to the alleged proceeds or instruments of crime.
About two-thirds of the Mexican Mafia's 140 members are held in California prisons, which are inundated with illegal cellphones. They use the phones to traffic in drugs, collect money and order ...
As a punishment, it differs from a fine in that it is not primarily meant to match the crime but rather reattributes the criminal's ill-gotten spoils (often as a complement to the actual punishment for the crime itself; still common with various kinds of contraband, such as protected living organisms) to the community or even aims to rob them of their socio-economic status, in the extreme case ...
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 ...
Americans for Prosperity Foundation has found Kansas law enforcement agencies have transferred $5 million more in seized assets to federal agencies for forfeiture, meaning the KBI reports omit up ...
However, as with the application of this doctrine elsewhere, the plain view doctrine only justifies a seizure of evidence or contraband that is in plain view, and it does not justify a further search. In United States v. Carey, [24] a detective was searching a computer for evidence of drug trafficking. When he opened an image file that depicted ...
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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 ...