Episode #56
Today on Legalese we will be discussing a recent case out of the Sixth Circuit - 'Ingram v Wayne County' in which the Court held that when a car is seized under civil asset forfeiture, the owner has a constitutional right to a hearing within two weeks of the seizure.
On top of that encouraging majority opinion, we also discuss the concurring opinion filed in this case by the prominent conservative jurist, Judge Amul Thapar that takes an even more striking and encouraging position.
Judge Thapar’s concurrence argues that because the due process standard for the deprivation of one’s liberty requires a hearing before a magistrate judge within 48 hours of arrest, the same should hold true for deprivation of property.
This case also highlights the difference between a balancing test and a bright line rule, as a matter of constitutional law— and makes a strong argument for the deficiencies of our over-reliance on balancing tests where due process of law is concerned.
Show Notes Page for "Sixth Circuit Smacks Down Civil Asset Forfeiture"
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