Federal statutes allow the United States government to forfeit the instrumentalities of wrongdoing, meaning "things" such as automobiles. The Supreme Court recently upheld this type of forfeiture of instrumentalities, but did not directly consider the due process questions raised by the federal forfeiture statutes as they are written. This Note analyzes the possible remaining constitutional challenges and concludes that invalidation of the forfeiture statutes by the Court on procedural grounds would present an opportune incentive for legislative reconsideration.
Forfeiture Proceedings -- In Need of Due Process,
3 Fordham Urb. L.J. 347
Available at: http://ir.lawnet.fordham.edu/ulj/vol3/iss2/7