NCJ Number
161680
Journal
Virginia Law Review Volume: 75 Issue: 115 Dated: (1990) Pages: 165-196
Date Published
1990
Length
32 pages
Annotation
This analysis of judicial decisions regarding civil forfeiture in drug cases concludes that both legislation and specific judicial interpretations are needed to accomplish the dual goals of deterring illegal drug transactions while retaining an adequate safeguard to protect innocent owners of property.
Abstract
Section 881 of the Comprehensive Drug Prevention Act sought to accomplish this goal. However, when Congress codified the relation-back doctrine in 1984, it failed correspondingly to increase protection of innocent owners. Some courts have applied relation back strictly, while others have acted as if section 881 contained no relation- back doctrine at all. To reduce this confusion, courts should broadly interpret the word owner to include subsequent purchasers and should use a voidable title doctrine to allow innocent owners who acquire property after an illegal act to escape the impact of the relation-back doctrine. Courts have also evaded the issue of whether an innocent owner must take reasonable precautions against the illegal activity. Although section 881 contains actual- knowledge language, many courts have instead applied the reasonable-precautions standard developed in the Calero- Toledo decision. The choice between these two standards involves a policy decision best left to Congress. By protecting innocent owners from relation back and by amending section 881 to include a reasonable-precautions standard, courts and Congress can best continue their efforts to deter drug traffickers while maintaining an adequate level of protection for innocent owners. Footnotes