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All states and the federal government allow law enforcement to seize and forfeit cash, property and other materials they believe are associated with illegal activity. These forfeitures can happen in two ways: criminal or civil.
The Asset Forfeiture Programs primary goals are: To punish and deter criminal activity by depriving criminals of property used in or acquired through illegal activities. To promote and enhance cooperation among federal, state, local, tribal, and foreign law enforcement agencies.
Police can seize not only cash from cars but real estate such as a persons home. For example, homes have been seized even if someone other than the homeowner on the premises committed drug crimes without the owners awareness.
The United States Supreme Court has upheld the principle of civil asset forfeiture at the federal level. The Court ruled in Austin v. United States (1993) that such civil forfeiture, treated as punitive actions, are subject to the Excessive Fines clause of the Eighth Amendment.
The United States Supreme Court has upheld the principle of civil asset forfeiture at the federal level. The Court ruled in Austin v. United States (1993) that such civil forfeiture, treated as punitive actions, are subject to the Excessive Fines clause of the Eighth Amendment.
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Forfeiture laws can pertain to assets that facilitate criminal conduct (e.g., cars used in smuggling, houses used to store contraband) and/or those that are the proceeds of crime.
Under Federal law, there are three (3) types of forfeiture: criminal forfeiture, civil judicial forfeiture, and administrative forfeiture.
Forfeit or forfeiture means losing a right, privilege, or property without compensation as a consequence of violating the law, bdocHubing a legal obligation, failing to perform a contractual obligation or condition, or neglecting a legal duty. Under federal law, there are civil, criminal, and administrative forfeitures.
Restitution regularly occurs when one party has reaped a benefit at someone elses loss and there is an obligation to make the victim whole. For example, the non-bdocHubing party in a contract cancels the contract and files a lawsuit for restitution against the bdocHubing party.
Forfeiture to the government includes the surrender of property, money, or privileges as punishment for illegal or prohibited activities. This can be a civil or criminal process and often involves judicial proceedings.

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