Legal Opinion

State v. One 1990 Ford Thunderbird

New Jersey Superior Court Appellate Division

Decided July 21, 2004PublishedCited by 5 opinions

1Opinion of the Court

The opinion of the court was delivered by

KESTIN, P.J.A.D.

The focal issue in this case is the constitutionality of New Jersey’s criminal instrumentality forfeiture law, N.J.S.A 2C:64-1 to -9 (the Act). The trial court held that the seizure of a motor vehicle pursuant to N.J.S.A. 2C:64-6a violated the owner’s federal and State due process rights. We reverse.

*231I

This proceeding arose on June 22, 1999, when the Cumberland County Prosecutor filed a verified civil action complaint in rem on behalf of the State of New Jersey, seeking forfeiture of the motor vehicle. See N.J.S.A. 2C:64-3. The complaint…

2Cases cited29 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Vaca v. SipesSupreme Court of the United States · 1967
  3. Berger v. United StatesSupreme Court of the United States · 1935
  4. Carey v. PiphusSupreme Court of the United States · 1978
  5. Tumey v. OhioSupreme Court of the United States · 1927

24 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Sourovelis v. City of PhiladelphiaDistrict Court, E.D. Pennsylvania · 2015
  2. Delahanty v. CommonwealthCourt of Appeals of Kentucky · 2018
  3. National Amusements, Inc. v. Borough of PalmyraDistrict Court, D. New Jersey · 2012
  4. Zaher A. El-Ali v. State, Texas Court of Appeals, 14th District (Houston)2012
  5. STATE OF NEW JERSEY v. STEPHEN P. MAROLDA (06-08-1382, BERGEN COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2022

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API