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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 ...
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 ...
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.
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 ...
Last move to change Oklahoma's procedures for asset forfeiture nearly 10 years ago. Records released by the ACLU of Oklahoma in 2015 showed at that time, over a five-year period, law enforcement ...
To the surprise of many, it is actually quite legal for law enforcement agencies to take property from people who haven't been convicted of a crime yet as civil asset forfeiture, a practice which brings in millions of dollars of revenue each year, disproportionately affecting people without means or access to a lawyer. [5]
Under civil asset forfeiture laws, police and prosecutors can seize property suspected of being connected to criminal activity, even when the owner is not convicted, charged, or even arrested for ...
Approximately 64,695 Pounds of Shark Fins (520 F.3d 976) is a 2008 decision of the United States Court of Appeals for the Ninth Circuit concerning civil forfeiture in admiralty law. Judge Stephen Reinhardt wrote for a three-judge panel that ordered that the shark fins be returned to their owners, reversing a decision by the Southern District of ...