Indiana’s Civil Forfeiture Law Case to be Heard by 7th Circuit
Indiana has one of the most difficult civil asset forfeiture systems in the United States, when it comes to those who have been impacted by these laws being able to retain their property. While civil forfeiture might not sound like it has anything to do with criminal law, the two systems are connected. Civil asset forfeiture laws can allow a person’s property to be seized in circumstances where they have been charged with a criminal offense, or even simply arrested. Indeed, under IC 34-24-2-4, a lawful asset seizure can be made “incident to a lawful arrest or search, or to an inspection under an administrative warrant.”
According to an article in the Los Angeles Times, most states have introduced civil asset forfeiture reforms that have provided more protections against seizures to individuals who are accused or even just suspected of a criminal offense. However, Indiana is not one of those states, and in fact, the article reports that Indiana is the only state in the country that allows lawyers contracted by the prosecution to carry out seizures, from which they can receive “a substantial cut,” the article says. A case concerning the legality of Indiana’s civil forfeiture laws will soon be heard by the 7th Circuit Court of Appeals, and the outcome could result in a change to the law.
Getting the Facts: Sparger-Withers v. Taylor
The case on which the 7th Circuit will soon be ruling is Sparger-Withers v. Taylor. In this case, the plaintiff, Amya Sparger-Withers, filed a class-action lawsuit in which she is challenging the for-profit nature of the civil forfeiture system in Indiana.
Here are the basic facts of the case: In 2021, the plaintiff was facing marijuana-related charges. The defendant, Joshua Taylor, is a private lawyer with civil forfeiture contracts from 20 of the 92 total counties in Indiana. Under the state’s civil forfeiture laws, the defendant seized $6,096 from the plaintiff. The plaintiff initially filed a claim in a federal trial court, but the trial court found in favor of the defendant. The plaintiff appealed to the 7th Circuit, where the case will now be heard.
Potential Outcomes of Sparger-Withers v. Taylor
What are the potential outcomes of the case once the 7th Circuit hears arguments and makes a ruling? If the 7th Circuit finds in favor of the plaintiff, certain aspects of Indiana’s civil forfeiture laws as they currently exist could be nullified. Given that the case is a class action, the ruling would immediately impact the entire class behind the lawsuit, not to mention other individuals in Indiana who have already been impacted by the existing laws as well as by those laws in the future.
If the court finds in favor of the defendant, no laws will be affected. However, it is possible that, regardless of the ruling, the losing party will appeal to the US Supreme Court, in which case the Court would need to determine whether it would agree to hear it.
Contact a Civil Forfeiture Attorney in Indianapolis Today
If you need help initiating a case to have your property returned to you following a civil forfeiture, one of the experienced Indianapolis civil forfeiture attorneys at Rigney Law LLC can help you. Contact us today to learn more about the services we provide in civil forfeiture cases.
Sources:
latimes.com/opinion/story/2024-05-02/editorial-indiana-asset-forfeiture-prosecution-for-profit
codes.findlaw.com/in/title-34-civil-law-and-procedure/in-code-sect-34-24-2-4/#:~:text=If%20an%20action%20is%20not,the%20seizure%20shall%20return%20the
https://ij.org/wp-content/uploads/2021/11/IN-Contingency-7th-Circuit-Opening-Brief.pdf
