A Win for Civil Forfeiture, but the Supreme Court Is Skeptical
A Win for Civil Forfeiture, but the Supreme Court Is Skeptical
Forfeiture may have won the day today, but law enforcement should beware that the Court might seize it in the future.
Article on the Culley v Marshall case that recently got announced by SCOTUS. The Gorsuch concurrence hints that a 5-4 majority of the court might want to reel in the practice of civil asset forfeiture.
Direct link to the concurrence [here]
But in future cases, with the benefit of full briefing, I hope we might begin the task of assessing how well the profound changes in civil forfeiture practices we have witnessed in recent decades comport with the Constitution’s enduring guarantee that “[n]o person shall . . . be deprived of life, liberty, or property, without due process of law.”