Re:Citizens allowed to sue on behalf of Lake Erie when it’s ...
by appleflaxen on Thursday February 28, 2019 @04:49AM
(#19270192)
interesting point.
it's also interesting, though, that governments and law enforcement are completely willing to treat objects as individuals when they want to confiscate it. my understanding of many civil forfeiture laws is that they "charge" the object with drug trafficking, or whatever, and then take it when the object doesn't mount a vigorous legal defense.
(i'd be happy to be corrected by someone who understands this better than me; I'm just pointing out that it's a related legal issue)
Civil forfeiture begins when government suspects that a
property is connected with illegal drug activity, and files
a civil action:[20]
The government simply files a civil action in rem against
the property itself, and then generally must prove, by a
preponderance of the evidence, that the property is
forfeitable under the applicable forfeiture statute. Civil
forfeiture is independent of any criminal case, and because
of this, the forfeiture action may be filed before
indictment, after indictment, or even if there is no
indictment. Likewise, civil forfeiture may be sought in
cases in which the owner is criminally acquitted of the
underlying crimes ...
— Craig Gaumer, Assistant United States Attorney, 2007[20]
it's also interesting, though, that governments and law enforcement are completely willing to treat objects as individuals when they want to confiscate it. my understanding of many civil forfeiture laws is that they "charge" the object with drug trafficking, or whatever, and then take it when the object doesn't mount a vigorous legal defense.
(i'd be happy to be corrected by someone who understands this better than me; I'm just pointing out that it's a related legal issue)
from https://en.wikipedia.org/wiki/Civil_forfeiture_in_the_United... :