Wrongful Civil Forfeiture
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FAQ
642, the Fifth Amendment Integrity Restoration (FAIR) Act: Eliminates ?Equitable? Sharing: The federal ?equitable? sharing program allows state law enforcement officers to turn seized property over to federal officials for forfeiture?and get up to 80% of the proceeds of the forfeited property.
Under Federal law, there are three (3) types of forfeiture: criminal forfeiture, civil judicial forfeiture, and administrative forfeiture.
642, the Fifth Amendment Integrity Restoration (FAIR) Act: Eliminates ?Equitable? Sharing: The federal ?equitable? sharing program allows state law enforcement officers to turn seized property over to federal officials for forfeiture?and get up to 80% of the proceeds of the forfeited property.
Also in 1996, the Supreme Court in Bennis v. Michigan held that the innocent owner defense is not constitutionally mandated by Fourteenth Amendment Due Process in cases of civil forfeiture. In 1998, the Court continued to uphold civil forfeiture in United States v.
Currently, four states have abolished the practice entirely: Maine, Nebraska, North Carolina and New Mexico. Many other states continue to allow it but place the burden of proof on the government instead of the property owner.