“Culley and Sutton’s argument for a separate preliminary hearing appears in many respects to be a backdoor argument for a more timely hearing so that a property owner with a good defense against forfeiture can recover her property more quickly,” he wrote. “But the court’s precedents already require a timely hearing.” Alabama has since amended its forfeiture law to allow owners of seized property to request expedited hearings. “Our decision today does not preclude those legislatively prescribed innovations,” Justice Kavanaugh wrote. “Rather, our decision simply addresses the base-line protection of the due process clause.”Seems like it’s less about civil forfeiture and more about how quickly can they get their property back when civil forfeiture happens
I think you have confused civil forfeiture with impounding.
You don’t get your stuff back from civil forfeiture.
I think you haven’t read the article
Both women literally already got their cars back
They’re suing because the process was, as another commenter said, a huge pain in the ass
Impounding = you just have to pay to get car back.
Civil forfeiture = you have lost your vehicle, but there is a process to overturn the seizure.
The fact that there is a way to reverse a decision does not mean the default difference is that the former expects you to get it back and the latter is set up that you don’t get it back (unless you do a bunch of extra steps).
You do realize the original comment was simply describing the reason for the lawsuit and you commented “I think you are confused.”
From the article “Ms. Culley and Ms. Sutton filed class actions in federal court saying that they should have been afforded prompt interim hearings to argue…”
They are literally saying they wanted to be able to streamline this process and get their stuff back faster. Explaining the difference between impounding and civil forfeiture doesn’t change the content of the article. The original comment was accurate in describing what the article was about.
No, the fact that it is civil forfeiture, which is handled differently than impounding, is relevant for a post that says:
how quickly can they get their property back when civil forfeiture happens
That wording implies that they will get their property back, when the default for civil forfeiture is not getting their property back. Expediting the hearings doesn’t change the underlying issue of civil forfeiture being the police taking away people’s stuff for a reason that has nothing to do with their arrests and forcing people to justify getting it back.
It will also speed up the cases where they are not given their stuff back.
