Department of Law Enf. v. Real Property

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that “[l]ack of knowledge of the holder of an interest in the property that the property was being employed in criminal activity is a defense to forfeiture, which, if established by a preponderance of the evidence, defeats the forfeiture action as to that property interest”
• explaining that under both the Florida Constitution and the United States Constitution, “procedural due process serves as a vehicle to ensure fair treatment through the proper administration of justice where substantive rights are at issue”
• explaining that under both the Florida Constitution and the United States Constitution, “procedural due process serves as a vehicle to ensure fair treatment through the proper administration of justice where substantive rights are at issue”
• stating, \[p]roperty rights are among the basic substantive rights expressly protected by the Florida Constitution\
• upholding statute as \facially constitutional provided that it is applied consistent with the minimal due process requirements of the Florida Constitution\
• wherein the supreme court adopted clear and convincing standard before government may take individual's property in forfeiture proceeding

Source: CourtListener parenthetical corpus (CC0).