Section 12.03: Controlled Substances Forfeitures (From Contemporary Federal Criminal Practice: Volume 2 of The Comprehensive Crime Control Act of 1984, P 622-632, 1988, B. James George, Jr. -- See NCJ-119253)

• NCJ Number: 119257
• Author(s): B J George Jr
• Date Published: 1988
• Length: 11 pages
• Sale Source: Prentice Hall Law and Business
• Publication Type: Legislation/Policy Description
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS.

Annotation

This section details legislative changes to drug forfeiture provisions made by the Federal Comprehensive Crime Control Act of 1984 and details proceedings authorized by the changes.

Abstract

The legislation enacted three major changes in drug forfeiture provisions. First, a new criminal forfeiture provision applicable to all felony drug cases was enacted, paralleling the drug forfeiture provisions in the Racketeer Influenced and Corrupt Organizations Act (RICO). Second, civil forfeiture provisions in the Federal controlled substances laws were amended to permit forfeiture of real property in certain circumstances. Third, a requirement staying civil forfeiture proceedings until criminal proceedings are disposed of was enacted. The scope and requirements for a forfeiture order are detailed, along with specifics of protective orders, seizure warrants, and disposal procedures. 77 footnotes.