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New Jersey Court Declares State's Civil Forfeiture Funding Scheme Unconstitutional
(DRCNet.org, 12-13-02)
Under New Jersey's civil forfeiture law (N.J.S.A 2C:64-6a), prosecutors and police had been entitled to keep the money and property confiscated from individuals through the state's civil forfeiture law, thus giving them a direct financial stake in the outcome of forfeiture efforts. The court ruled that this provision violates the Due Process clauses of the US and New Jersey constitutions. . . . "The decision will ensure that police and prosecutors make decisions on the basis of justice, not on the potential for profit." . . . By ruling the statute unconstitutional, the decision affects every county in New Jersey. And the decision could prove a harbinger of future challenges to laws in other states. David Smith, an Alexandria, VA, attorney who has written a treatise on forfeiture laws and is a former deputy chief of the Department of Justice's asset forfeiture office declared last month, "This is the single most important civil forfeiture case being litigated anywhere." Several other states and the federal forfeiture law also permit police and prosecutors to keep forfeited property and proceeds. . . . "We will challenge laws in other states to guarantee that the due process rights of property owners are protected when confronted with civil forfeiture," Bullock added.

posted by LoZo 6:21 PM