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Drug asset forfeiture cases are civil lawsuits filed by
government to seize and obtain ownership of property that has been used in
illegal drug-related activity. The basis for such law suits dates back to laws
of medieval England, when property used in the commission of a crime was itself
considered criminal and subject to forfeiture to the king. The idea of drug
forfeitures today is a bit more refined and is aimed at recovering the expense
of drug-enforcement activities. It is an attempt to take away property that
people have used to benefit from illegal drug-related criminal activity. Law
enforcement officers are allowed to seize property, such as currency, vehicles,
jewelry, and other items of value, from individuals when the property is found
in close proximity to drugs and/or drug paraphernalia. In addition, property may
be seized when it is used to transport drugs and/or drug paraphernalia or if the
property is procured from drug profits. Narcotics and paraphernalia are
forfeited to the State automatically and are destroyed by law enforcement.
If your property recently was seized, the Bannock County
Prosecutor's Office will serve you with a complaint and summons. You then have
twenty (20) days to file an answer to the complaint with the Bannock County
Clerk's Office. If an answer is not filed, the Prosecutor's Office will obtain a
default judgment, and the State will own the seized property.
Please do not contact the Prosecutor's Office for legal advice
concerning how you should proceed in the lawsuit. If you need assistance with
your case, contact a private attorney or consult Idaho's Uniform Controlled
Substance Act.
The laws on civil forfeitures are found at Idaho Code 37-2744
and 37-2744A. The laws on criminal asset forfeitures are found at Idaho Code
37-2801 through 37-2815. You can review these by clicking this link the State of
Idaho's
Uniform Controlled
Substance Act.
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