An Ancient Right Jeopardized: U.S. Supreme Court Limits State Forfeiture Actions with Unanimous Decision in Indiana Case

In recent years, state and local governments strapped for cash have looked to civil in rem forfeitures as a funding mechanism. The theory is that property used in connection with the commission of a crime can be seized and forfeited as an instrumentality of the crime through a civil forfeiture proceeding. On Feb. 20, 2019, the U.S. Supreme Court issued a unanimous decision that may limit this practice.