Search results
Results from the WOW.Com Content Network
Civil forfeiture begins when government suspects that a property is connected with illegal drug activity, and files a civil action: [22] The government simply files a civil action in rem against the property itself, and then generally must prove, by a preponderance of the evidence, that the property is forfeitable under the applicable ...
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 ...
[citation needed] In civil forfeiture cases, the US government sues the item of property, not the person; the owner is effectively a third-party claimant. The burden is on the government to establish that the property is subject to forfeiture by a preponderance of the evidence. If it is successful, the owner may yet prevail by establishing an ...
In current US legal practice, in rem is most widely used in the area of asset forfeiture, frequently in relation to controlled substances offenses. In rem forfeiture cases allow property (in this case, $124,700 in cash) to be directly sued by and forfeited to the government, without either just compensation or the possessor (and presumptive ...
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 ...
That prosecutors in the Hoosier State successfully denied people this due process is a reflection of how abusive civil forfeiture can be.
Argument: Oral argument: Case history; Prior: U.S. v. 8,850 Dollars, 645 F.2d 836 (9th Cir. 1981).: Holding; On the facts, the Government's 18-month delay in filing a civil proceeding for forfeiture of the currency did not violate the claimant's right to due process of law.
In the context of civil asset forfeiture, “forfeit” is a misdirection. While forfeit familiarly means “to give up,” when the state “forfeits” your property, the government takes it as ...