9th U.S. Circuit Court of Appeals,
Appellate Practice,
Criminal
Jun. 28, 2017
9th Circuit ruling shows need to rein in civil forfeiture abuse
The 9th Circuit recently rejected the use of coordinated successive traffic stops by the police to search a motorist's vehicle for cash.
Mahesha P. Subbaraman
Subbaraman PLLCSubbaraman PLLC is dedicated to cutting-edge appellate litigation.
Scott A. Meiner
Research Director
Americans for Forfeiture Reform
Americans for Forfeiture Reform (AFR) is a nonpartisan, nonprofit civic group concerned with the government's fearsome power to forfeit private property. AFR filed an amicus brief in United States v. Gorman.
Civil forfeiture empowers the government to seize and profit from any property allegedly linked to criminal activity, even if the government never charges the property owner with a crime. This creates perverse incentives for law enforcement to perform unreasonable searches and seizures in the hope of expropriating cash and other property. A recent civil forfeiture case decided by the 9th U.S. Circuit Court of Appeals highlights this reality.
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