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Because the action is against the property being seized, not the owner of said property[0]. Property cannot commit a crime, and therefore cannot be the defenda
by marcus0x62 3y ago
Because the action is against the property being seized, not the owner of said property[0]. Property cannot commit a crime, and therefore cannot be the defendant in a criminal proceeding, but at the federal level and in almost every state, there are civil statutes permitting these cases to be litigated by the government in rem.[1]
0 - note that if this happens to your property, it sure will feel like it is happening to you. Lawyers will be happy to lawsplain their BS theory[2] to you for a nominal hourly fee. This will not make you feel any better for having been robbed at gunpoint.
1 - https://en.wikipedia.org/wiki/In_rem_jurisdiction https://en.wikipedia.org/wiki/In_rem_jurisdiction
2 - Spoiler alert: the theory is exactly as stupid as it sounds.
- Joker_vD 3y agoInterestingly enough, property used to be able to commit a crime (back when slavery was a thing) but it still could not be sued or be the plaintiff in a lawsuit.
- marcus0x62 3y agoYes, I believe the government used the "heads I win, tails you lose" theory of jurisprudence in those cases.
- deleted 3y ago[deleted]