Richardson v. Twenty Thousand Seven Hundred Seventy-One, U.S. Currency
Annotate this CaseTravis Green presented a facial challenge to South Carolina's 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) were facially unconstitutional under both the Excessive Fines Clause and the Due Process Clause of the federal and state constitutions. An undercurrent of this case was Green's claim that the civil forfeiture process is ripe for abuse. The South Carolina Supreme Court reversed the circuit court's order because Green failed to overcome the high threshold for finding a statute facially unconstitutional. Green answered the Solicitor's petition and demanded a jury trial. The circuit court considered and ruled upon the constitutionality of the forfeiture statutes in the very early stages of this litigation. The case was therefore remanded to the circuit court for further proceedings.
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