Articles

DTCI: Civil Forfeiture and the Eighth Amendment, Part Two

Attorneys representing governmental entities will serve their clients well to read the Indiana Supreme Court’s opinion from Timbs, which will provide insights into certain issues the court considers important in evaluating claims that a specific forfeiture violated the respondent’s rights under the Excessive Fines Clause of the Eighth Amendment.

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DTCI: Civil forfeiture and the Eighth Amendment

Attorneys representing entities that engage in civil forfeitures should familiarize themselves with the U.S. Supreme Court’s State v. Timbs ruling to ensure their clients comply with the ruling and the entity’s constitutional obligations.

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COA upholds seizure of pot dealer’s cash, but not truck

The Rush County prosecutor will be allowed to keep $22,907 in cash seized from a local marijuana dealer’s home safe that also contained his weed stash, the Indiana Court of Appeals ruled Thursday, but the state will have to return some seized property and also may have to return the man’s truck.

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Justices allow seizure, turnover of $60K in alleged drug money

The Indiana Supreme Court has upheld the seizure of $60,000 in cash believed to be drug money, finding the officer who intercepted the parcel holding the cash had probable cause to think the package was related to drug trafficking. The unanimous ruling also upholds the turnover of the cash to the federal government, though it doesn’t address whether the money will be forfeited. The Court of Appeals previously had ruled the seizure was unlawful.

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