Civil and Criminal Forfeiture Updates

This lecture — delivered September 27, 2018 at a law enforcement training conference in Western New York — discusses four recent Supreme Court cases affecting the Government’s ability to enforce the civil and criminal forfeiture laws.  It begins with Honeycutt (the joint and several liability case) and the resulting divergence in the lower courts on how it applies — and whether it applies at all — in cases not involving the minor participant in a drug offense.  It then discusses the pending argument in Timbs v. Indiana (application of the Eighth Amendment), and the search and seizure decisions last Term in Collins v. Virginia and Byrd v. United States.

Finally, it discusses several district court cases from the past year involving the evidence required for the government to prevail in a civil forfeiture case arising out of a traffic stop or airport seizure.

Forfeiture Update – Chautauqua 2018