In action seeking declaration that Indiana vehicle forfeiture statute (I.C. 34-24-1-1(a)(1)) was unconstitutional, Ct. of Appeals remanded defendant’s appeal to Dist. Ct. for determination as to whether amendments to said statute addressed any constitutional concerns identified by Dist. Ct., where said amendments were enacted while instant appeal was pending. Dist. Ct. found that said statute was unconstitutional on due process grounds because it allowed for seizure and retention of vehicles without opportunity for individual to challenge pre-forfeiture deprivation. While defendant argued that instant amendments, which provided for probable cause affidavit, motion for provisional release, and shortened window for prosecutor to file forfeiture complaint, satisfied Dist. Ct.’s concerns, Dist. Ct. should have opportunity to address defendants arguments prior to review by Ct. of Appeals.
Federal 7th Circuit Court
Civil Court
Forfeiture