NCJ Number
114925
Journal
Yale Law and Policy Review Volume: 5 Issue: 2 Dated: (Spring/Summer 1987) Pages: 428-449
Author(s)
A Ahuja
Date Published
1987
Length
22 pages
Annotation
This article argues that courts should not allow a forfeiture exception to the warrant requirement of the fourth amendment to the U.S. Constitution.
Abstract
A citizen's property may be seized without a warrant issued by a judge pursuant to forfeiture provisions in over 120 federal statutes. The article points out that State or Federal civil forfeiture laws provide governments with an extremely harsh remedy for the punishment of crime. There is a long history in the common law to protect citizens against the government's arbitrary seizure of property. In creating the fourth amendment, the framers of the U.S. Constitution intended to protect citizens from officials who would use forfeiture laws to indiscriminately seize property. The article argues that no forfeiture should be permitted unless the fourth amendment's warrant requirements and pre-seizure ex-parte probable cause hearings are held. The article discusses several remedies available to those whose property has been seized under the 'forfeiture exception.' 114 footnotes.
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