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by downandout 2918 days ago
You're correct that this isn't really the type of case that will set a precedent for the most troublesome applications of civil forfeiture. I wish cases like these [1] would reach the Supreme Court. In one of those cases, a man that had just won $50,000 in cash from a casino had it seized, even though he wasn't cited for a traffic offense or charged with any crime. It would be nice if legislators simply outlawed the practice, but the political will doesn't exist. A Supreme Court case where property was seized without any charges is likely the only way we will see any progress on civil forfeiture.

[1] https://www.forbes.com/sites/instituteforjustice/2014/03/12/...
3 comments
mmt 2917 days ago
> A Supreme Court case where property was seized without any charges is likely the only way we will see any progress on civil forfeiture.

I posit it's a better way (assuming SCOTUS makes decides an actual Constitutional question) than legislation, since it precludes legislators merely reinstating the practice later.

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s73v3r_ 2918 days ago
Political will is getting there. A couple of states have banned the practice, and more are removing the incentive that police departments have to do it(that the funds go to the police).
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UncleEntity 2917 days ago
If they just drop the case or the person wins in the lower courts and gets their money back then it will never get to the Supreme Court, they have to fight to keep the money (which they don't if it's obvious they'll lose) in order for it to reach the higher levels.

I've heard previously that they go so far as saying the charges are against the property itself so the owner has no standing to sue the government which keeps them from ever determining the constitutionality of civil forfeiture.

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downandout 2917 days ago
I've heard previously that they go so far as saying the charges are against the property itself so the owner has no standing to sue the government which keeps them from ever determining the constitutionality of civil forfeiture.

This is generally how the cases are titled - U.S.A vs $200,000 US currency, for example. Here's a list of recent federal court cases where the defendant is "currency" [1]. You can also view publicly posted forfeiture notices, which give an indication of the magnitude of this problem, here [2]. But the owner can still attempt to get it back, it's just usually at a very high legal cost.

[1] https://prnt.sc/jzcl8c

[2] https://www.forfeiture.gov

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