Comment by latency-guy2

3 days ago

Forfeiture is different from seizure. Seizure is perfectly legal, and even ought to be required pending completion of a court case.

Forfeiture is the end means of seizure.. usually. Forfeiture does not require a court case. Forfeiture can, in some circumstances, be determined without a court case. Most often and fairly universally means when no one offers a claim on seized property.

I have read on this a many times myself and have conflict with it. I started off with naturally believing it is violation of 5th + 14th amendments. I only hold now that it is likely a violation of the 14th, but its quite complicated.

Seizure in this sense ought to be illegal given no due process. However, SC has opinions that property itself can be ruled against. Further, has ruled in many instances that innocent owner defense is not sufficient, thus innocent owner must prove that the entrusted party acted out of consent/contract.

I recommend reading 983 article guidelines for asset forfeiture/seizure: https://www.law.cornell.edu/uscode/text/18/983

It is not simple, at all. Most guidelines really are in favor returning property. IMO, timelines could be adjusted so they are a bit harsher on government considering speedy trials are not so speedy anymore.