Legal Opinion
United States v. All Assets of G.P.S. Automotive Corp.
Court of Appeals for the Second Circuit
Decided September 18, 1995No. 616, Docket 94-6115PublishedCited by 80 opinions
1Opinion of the Court
CALABRESI, Circuit Judge:
In rem civil forfeiture, though civil in name, is actually a cross-breed of the criminal and civil law. It is therefore not surprising that recent Supreme Court decisions have indicated that the Eighth Amendment and the Double Jeopardy Clause of the Fifth Amendment, constitutional safeguards usually associated only with criminal defendants, provide some protection for those whose property is subject to confiscation in civil forfeiture proceedings. The effect that these constitutional protections have on such proceedings is anything but obvious, however, especially…
2Cases cited72 opinions
- Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
- Blockburger v. United StatesSupreme Court of the United States · 1931
- Benton v. MarylandSupreme Court of the United States · 1969
- Solem v. HelmSupreme Court of the United States · 1983
- United States v. LopezSupreme Court of the United States · 1995
67 more not listed; retrieve them via the Exa API.
3Cited by80 opinions
- United States v. John Arena and Michelle WentworthCourt of Appeals for the Second Circuit · 1999
- United States v. Lemrick Nelson, Jr. And Charles Price, Also Known as Bald Black ManCourt of Appeals for the Second Circuit · 2002
- Collazos v. United StatesCourt of Appeals for the Second Circuit · 2004
- United States of America and State of Connecticut, as Parens Patriae v. Carmen E.F. Vazquez, Stanley G. Scott and Bobby J. RileyCourt of Appeals for the Second Circuit · 1998
- United States v. Jimmie C. JohnsonCourt of Appeals for the Eighth Circuit · 1999
75 more not listed; retrieve them via the Exa API.