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Forfeiture is precluded if criminal charges related to the property seizure are never filed against a person, or prosecutors fail to establish the person’s criminal culpability. [78] 3rd party owners need to prove their own innocence. [78] 100% of proceeds go to law enforcement when a forfeiture is pursued by local agencies.
On December 2, 1861, Trumbull took the floor to introduce a new confiscation bill. This bill envisioned the seizure of all rebel property, whether used directly to support the war, or owned by a rebel a thousand miles away from any battlefield. After several months of debate, Congress came to a stalemate over the confiscation of rebel property.
Commonwealth v. Matos, 672 A.2d 769 (1996), is a Pennsylvania State Supreme Court case which further developed Pennsylvania Constitutional Law as affording greater privacy protections than those guaranteed by the Fourth Amendment to the United States Constitution.
It has been enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That if, during the present or any future insurrection against the Government of the United States, after the President of the United States shall have declared, by proclamation, that the laws of the United States are opposed ...
Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (1952), also commonly referred to as the Steel Seizure Case or the Youngstown Steel case, [1] was a landmark United States Supreme Court decision that limited the power of the president of the United States to seize private property.
"The plaintiffs have alleged that the seizures at issue, though lawful at their inception, later came to unreasonably interfere with their protected possessory interests in their own property ...
Weeks v. United States, 232 U.S. 383 (1914) was a United States Supreme Court case in which the Court unanimously held that the warrantless seizure of items from a private residence constitutes a violation of the Fourth Amendment to the U.S. Constitution. [1]
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