R.C. Chapter 2981 permits the state to seek forfeiture of an offender’s property through either a criminal process under R.C. 2981.04 or a civil process under R.C. 2981.05. R.C. 2981.03(A)(2) authorizes a law enforcement officer to “seize property that the officer has probable cause to believe is property subject to forfeiture.” “Property subject to forfeiture” consists of “contraband,” “proceeds,” or “instrumentalities” used in the commission of a felony and certain misdemeanors. R.C. 2981.01(B)(13) and 2981.02(A). Upon the commission of a criminal offense, the state or political subdivision acquires “provisional title” to the property and may hold it until such time that title vests pursuant to a final forfeiture order. R.C. 2981.03(A)(1).
Posted on: Thu, 24 Jul 2014 20:09:55 +0000
Trending Topics
Recently Viewed Topics
© 2015