Is Greater Process Due: United States v. Twelve Thousand, Three Hundred and Ninety Dollars ($12,390)

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Authors
Albers, Virginia A.
Issue Date
1993
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Journal Article
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INTRODUCTION|On October 10, 1986, St. Louis police officers entered the home of Willie Dorsey, Idell Dorsey, and Laverne Howard with a search warrant. Although no drugs were found and no arrests were made, the officers seized $12,390 in currency from the residence. Eventually, the Drug Enforcement Administration brought a civil forfeiture action against the currency on the basis that probable cause existed to believe that the money was the proceeds of drug trafficking.|Civil forfeiture actions remove controlled substances and the proceeds of drug trafficking from the hands of drug dealers and drug users. The focus of forfeiture is the property, not the property owner; therefore, the proceeding is a civil action rather than a criminal proceeding. Accordingly, constitutional safeguards present in criminal actions are generally not provided in civil forfeiture proceedings...
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26 Creighton L. Rev. 841 (1992-1993)
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Creighton University School of Law
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