Brief Bank II: indexed by issue

*****************************************************************************************************

Civil forfeiture vs. criminal forfeiture [ 55 ]

POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO SUPPRESS EVIDENCE AND

STATEMENTS

It has long been settled that the Fourth Amendment Exclusionary Rule applies in civil

forfeiture cases to the same extent that it applies in criminal cases. There is no express

civil rule which governs the procedures for litigating suppression issues in forfeiture

cases. Proper procedure for litigating fourth amendment issues in forfeiture cases are

the procedures and practices of this court now in effect in the criminal courts pursuant

to Criminal Rule 41(g). Superior Court Criminal Rule 41(g) is modelled after Federal Rule

of Criminal Procedure 41(e) & (f). The Advisory Committee Notes for those two

subsections of Rule 41 indicate that they were restatements of existing law and practice.

by Grantland, Brenda

DISTRICT OF v. ONE 1980 BLUE JAGUAR: SERIES XJ53 CA-3256-87 ( 1987 )

COLUMBIA

browser view: available BrowserView

Word Perfect available WordPerfect

MS_Word version: available MSWord

RTF version: RichTextFormat [ supp002 ]

PDF version: PDF [ 200 ]

.

Monday, June 19, 2006 Page 1 of 1


First Previous Next Last

Page 1.