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Articles Tagged with South Carolina

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katie-moum-o0kbc907i20-unsplash-300x200South Carolina’s lawmakers listened to testimony today on proposed changes to civil forfeiture laws in the state. Members of the General Assembly are making another attempt to revamp the state’s civil forfeiture statutes, which are facing a legal challenge in the state Supreme Court.

“Citizens are having money taken off of them,” said Rep. Seth Rose (D-District 72), who sits on the committee trying to change forfeiture laws in South Carolina, in a press release. “And there may not even be the requisite nexus to criminal activity, but their money has been seized, and they don’t have the means or power to fight for that chunk of change back.”

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joshua-sukoff-45PD4tmK5k4-unsplash-300x200The South Carolina Supreme Court heard oral arguments last week on whether the state’s civil forfeiture laws violated citizens’ constitutional rights.

Last year, the Court of Common Pleas for the 15th Judicial Circuit evaluated South Carolina’s civil forfeiture statutes and ruled that they are unconstitutional because they violate citizens’ rights to due process and freedom from excessive fines. That ruling was appealed by prosecutors to the South Carolina Supreme Court, and the appeals hearing was scheduled for January 13, 2021.

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pexels-sora-shimazaki-5668481-300x200The U.S. Attorney’s Office for the District of South Carolina announced this week that it collected over $56 million in criminal, civil, and asset forfeiture actions for the 2020 fiscal year.

U.S. Attorney Peter M. McCoy confirmed that his office collected $53,839,927 in criminal and civil actions. Approximately $49 million was collected in civil actions, while $4.8 million was collected in criminal actions.

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joshua-sukoff-45PD4tmK5k4-unsplash-300x200South Carolina lawmakers are reportedly resurrecting a longstanding effort to reform the state’s civil asset forfeiture laws.

State representatives met to discuss changes that can be made to revamp the state’s forfeiture laws, focusing on what type of property can be seized and the process police would have to go through to take that property.

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justice-2060093_1920-300x200A South Carolina judge has ruled the state’s civil asset forfeiture laws violate the state and federal constitutions.

Horry County Judge Steven H. John declared that the South Carolina’s forfeiture laws violate constitutional protections against excessive fines by allowing the government to seize amounts of cash and property disproportionate to the alleged crime.

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