Von Hofe v. United States

How courts have described this case

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

• noting that the forfeiture of real property provides a “powerful deterrent” against illegal activity (citing Austin v. United States, 509 U.S. 602 (1993))
• noting that, when it comes to forfeiture of instrumentalities or tools used in the commission of a criminal offense, “only after criminal conviction may an in personam forfeiture occur”
• relying on equity interest in home held by each co-defendant to assess constitutionality of civil forfeiture of residence
• finding wife’s interest could not be forfeited because she had less culpability than husband, whose interest in the property was forfeited
• distinguishing between the interest in property subject to forfeiture of a husband who committed a drug offense and his wife, who “knowingly countenanced and allowed” the offense but did not participate
• distinguishing between the interest in property subject to forfeiture of a husband who committed a drug offense and his wife, who \knowingly countenanced and allowed\ the offense but did not participate

Source: CourtListener parenthetical corpus (CC0).