State Rep. Martin Daniel, R-Knoxville has proposed a new law that, if enacted, would change Tennessee’s civil forfeiture laws. Specifically, the proposed law would require that local district attorneys general review the underlying circumstances of a seizure to determine if probable cause exists to justify forfeiture. When appropriate, the law…
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by Tate Fegley There is a case – Timbs v. Indiana – currently before the United States Supreme Court regarding civil asset forfeiture and whether the excessive fines clause of the 8th Amendment also applies to the states due to the 14th Amendment’s incorporation clause. The petitioner is Tyson…
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Tennessee has reformed some of its civil forfeiture laws, but more work remains, according to new report from a State Advisory Committee to the U.S. Commission on Civil Rights. “Tennessee’s civil forfeiture laws remain among the least protective of property owners in the nation,” according to the findings. The 17…
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The United States Constitution, specifically the 5th Amendment, states that we shall not be deprived of life, liberty, or property, without due process of law. Tennessee’s current laws regarding civil asset forfeiture include allowing money to be confiscated from people based solely on suspicion, with no evidence of wrong doing…
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