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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 ...
For a law-enforcement officer to legally seize an item, the officer must have probable cause to believe that the item is evidence of a crime or is contraband. The police may not move objects in order to obtain a better view, and the officer may not be in a location unlawfully. These limitations were detailed in the case of Arizona v.
The writ of attachment is issued in order to satisfy a judgment issued by the court. A prejudgment writ of attachment may be ordered in a legal action where a plaintiff has demonstrated meritorious allegations, fraud in the underlying action, or that defendant may attempt to dispose of or hide assets from the court.
The Fourth Amendment's protection against unreasonable searches and seizures extends to the length of a seizure, a federal court ruled last week, significantly restricting how long law enforcement ...
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 ...
The Waite Court in 1876. The court ruled that it is necessary for the government to be able to seize property for its uses, such as creating infrastructure, which ultimately are determined by the legislature and not the judiciary. This essentially gives the government ultimate ownership over all property, because it is not viable for the ...
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 ...
Bailey v. United States, 568 U.S. 186 (2013), was a United States Supreme Court case concerning search and seizure. [1] A 6–3 decision reversed the weapons conviction of a Long Island man who had been detained when police followed his vehicle after he left his apartment just before it was to be searched.