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25 Cards in this Set
- Front
- Back
Define: Proceeds |
property derived from an event or transaction,conviction of criminal offense not necessary |
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Define: Seizure |
the restraint of property by a peace officer |
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Define: Contraband |
means property of any nature, including real, personal, tangible or intangible, that is used in the commission of:
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Time limit to file to get seized property back |
30 days to file |
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Philosophy: Proportionality |
The amount seized should be proportional to the crime ciommitted |
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Philosophy: Extra Punishment |
No, forfeiture should never be used as extra punishment |
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Jeopardy issues |
Do not want to be convicted and assets seized as it can cause issues in the appellate courts. Usually wait to seize after trial. |
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Innocent Owner Defense |
Defense that the owner acquiredthe property before illegal act and owner did not know or should not reasonablyhave known of the illegal act before acquiring the property |
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Seizure of Property must be sealed within |
72 hours |
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Statutory Defense |
Innocent Owner Defense
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Statutory Defense |
Family Violence Defense
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Statutory Defense |
Dismissal of Acquittal of Related Charges
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Non-Statutory Defense |
Controlled Substance Analogue
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Non-Statutory Defense |
Suppression of Evidence in Criminal Case
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Non-Statutory Defense |
5th Amendment |
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Non-Statutory Defense |
Homestead
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Non-Statutory Defense |
Community Property
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Non-Statutory Defense |
Legitimate source of Income
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Forfeiture with Lien Holders |
An owner or interest holder’s interest in property may not be forfeited under this chapter if the owner or interest holder proves by a preponderance of the evidence that the owner or interest holder acquired the interest before or during the act or omission giving rise to forfeiture |
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Forfeiture Proceedings |
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Currency Procedure |
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Method of Seizure |
Without Warrant
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Method of Seizure |
Probable Causefor Seizure
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Method of Seizure |
Exceptions toWarrant Requirement
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Method of Seizure |
With Warrant
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