Hacker Newsnew | past | comments | ask | show | jobs | submitlogin

Civil forfeiture cases are argued before the judiciary branch. The power is not unfettered.


They're usually argued against the actual item being seized, not the owner of the item. Since a pile of money can't really hire an attorney, there's no argument to the contrary, and the state wins.


That's not how it works.

Anyone can put in a claim on the property (most commonly the person that it was seized from) and argue in front of a court (with a lawyer) that they are the rightful owner.


That's after the seizure happens. But during the seizure, you'll have cases like State of California vs $25,000 in cash.


It doesn't really matter what sort of administrative name is put on the case. An individual who files a claim on the property still gets their day in court. That trial represents a check on the power of the police which means (as I originally stated) that this power is not unfettered.




Guidelines | FAQ | Lists | API | Security | Legal | Apply to YC | Contact

Search: