Court Ruling Sets Higher Bar for Police, Prosecutors in Asset Seizures
By Michael Gormley and Scott Eidler
Feb. 21, 2019
The U.S. Supreme Court’s ruling limiting the ability of state and local police to seize cars, cash and homes from criminal suspects has raised the bar for such forfeitures in New York state, authorities said Thursday.
Wednesday’s decision said local law enforcement must follow federal practices that allow seizure of property only when it is an integral part of the crime and only if the property seized isn’t disproportionately large, compared with the underlying crime. …
“Initially, there is going to be a lot of litigation over what is excessive,” said Robin Charlow, a professor at Hofstra Law School. She said, however, that it may be difficult for anyone to try to recover property in a case that is closed.
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