NCJ Number
15746
Journal
Criminal Justice Quarterly Volume: 2 Issue: 4 Dated: (FALL 1974) Pages: 219223
Date Published
1974
Length
5 pages
Annotation
REVIEW OF NEW JERSEY CASE AND STATUTORY LAW DEALING WITH THE AUTHORITY OF THE STATE TO RETAIN INSTRUMENTALITIES AND PROCEEDS OF ILLEGAL ACTIVITY.
Abstract
GAMBLING AND NARCOTIC PARAPHRENALIA ARE CONTRABAND ITEMS AND THERE IS LITTLE DISPUTE CONCERNING THE STATE'S AUTHORITY TO SEIZE AND RETAIN SUCH ITEMS. LESS CLEAR IS THE STATE'S ABILITY AND AUTHORITY TO MAINTAIN FORFEITURE PROCEEDINGS AGAINST CASH PROCEEDS INVOLVED IN ILLEGAL ACTIVITY OR AGAINST VEHICLES USED IN CRIMES. FURTHER PROBLEMS, NOT YET DEFINITIVELY SETTLED BY NEW JERSEY COURTS, ARE PRESENTED IN FORFEITURE CASES WHERE RETENTION IS SOUGHT AFTER A MOTION TO SUPPRESS THE ITEM HAS BEEN GRANTED OR THE DEFENDANTS HAVE BEEN ACQUITTED.