criminal procedure

Civil Forfeiture

Overview

Civil forfeiture occurs when the government seizes property under suspicion of its involvement in illegal activity. Such a proceeding is conducted in rem, or against the property itself, rather than in personam, or against the owner of the property; by contrast, criminal forfeiture is an in personam proceeding. For this reason, civil forfeiture case names often appear strange, such as United States v. Eight Rhodesian Stone Statues,

Immigration & Naturalization Service v. Delgado

466 U.S. 210 (1984)

The Supreme Court held that three factory surveys conducted by the Immigration and Naturalization Service (INS) did not constitute a seizure of the entire work force under the Fourth Amendment.  The Supreme Court also held that the individual questioning regarding citizenship of the respondents, U.S. citizens and legal residents, did not constitute a seizure under the Fourth Amendment. (Read the opinion here.)

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