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There was a civil forfeiture case in 1827[0] where a ship was seized for piracy without convicting the owner of the crime... the supreme court upheld that actio
by rgbrenner 9y ago
There was a civil forfeiture case in 1827[0] where a ship was seized for piracy without convicting the owner of the crime... the supreme court upheld that action. It also lays out a couple of things: that the property is considered the offender; and that the property's offense and the owners criminal offense are two separate issues.
That's the basis for civil forfeiture laws.
There was a recent case that came up: Leonard v Texas[1].. where 200k in cash was seized that police said was from narcotics sales. She had a bill of sale for a home for the same amount. The problem is, she didn't raise the due process issue until it reached the supreme court.. which is a procedural error.. so the court denied it.
So I think we're still waiting for a more modern ruling from the supreme court on it.
0. https://www.law.cornell.edu/background/forfeiture/palmyra.htm https://www.law.cornell.edu/background/forfeiture/palmyra.ht...
1. http://www.scotusblog.com/case-files/cases/leonard-v-texas/ http://www.scotusblog.com/case-files/cases/leonard-v-texas/
1a (ruling): http://www.scotusblog.com/wp-content/uploads/2017/03/16-122-respecting-cert-denial.pdf http://www.scotusblog.com/wp-content/uploads/2017/03/16-122-...
- BrianSkog 9y agothat the property is considered the offender Did the court just have its head way up its ass?