NCJ Number
132714
Journal
FBI Law Enforcement Bulletin Volume: 60 Issue: 10 Dated: (October 1991) Pages: 26-31
Date Published
1991
Length
6 pages
Annotation
This article discusses recent court decisions involving both Federal and State investigations where the Federal forfeiture of real property has provided law enforcement with an important weapon to curtail drug trafficking.
Abstract
U.S. Code Section 881(a)(7) of the Controlled Substances Act (CSA) authorizes the civil forfeiture of real property used or intended to be used to facilitate drug trafficking. The range of real property subject to civil forfeiture is very broad and includes unimproved land, as well as improvements built on land such as residences, restaurants, apartment buildings, office buildings, athletic clubs, and taverns. In addition, real property used to manufacture, grow, store, conceal, deliver, receive, or process illicit drugs is potentially subject to forfeiture. The forfeiture of real property must be based on a showing of probable cause that the property was used or intended to be used to commit or to facilitate a felony drug violation. The Federal provision for the forfeiture of real property that facilitates drug trafficking has generated considerable litigation and some judicial disagreement. The litigation and disagreement center on the extent of connection or nexus that must be shown between drug trafficking and the property to be forfeited. Cited cases illustrate there is a judicial willingness to interpret the "facilitation" provision broadly to permit forfeiture whenever law enforcement establishes a clear connection between real property and a drug felony. Owners of real property can successfully assert an innocent owner defense only if they can prove lack of knowledge or consent to the illegal activity subjecting the property to forfeiture. 41 footnotes