Jimmy A. Richardson, II, Solicitor for the 15th Judicial Circuit v. Twenty Thousand Seven Hundred Seventy-One, U.S. Currency and Travis Green

Syllabus

Travis Green presents a facial challenge to our civil asset forfeiture statutory scheme following law enforcement's seizure of cash and contraband during the execution of a search warrant. The circuit court concluded sections 44-53-520 and -530 of the South Carolina Code (2018) are facially unconstitutional under both the Excessive Fines Clause and the Due Process Clause of the federal and state constitutions. We reverse the circuit court and remand for a jury trial on the merits.