Constitutional – Civil Forfeiture Statutes – Facial Challenge – Due Process & Excessive Fines (access required)

In a civil forfeiture case, the state need only show probable cause to believe the seized property has a substantial connection to criminal activity; then, the burden shifts to a claimant to prove by a preponderance of the evidence that the property was innocently owned. Although the wisdom of this procedure may be questionable, we ...

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South Carolina Lawyers Weekly

Constitutional – Civil Forfeiture Statutes – Facial Challenge – Due Process & Excessive Fines

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