Civil forfeiture defendants in Indiana have the right to a jury trial, the state's Supreme Court unanimously ruled last week, bolstering basic due process protections for those who have assets seized by law enforcement.
Before the court was the case of Alucious Kizer, from whom police seized $2,435 in cash after a traffic stop where they found drugs in his vehicle. Civil forfeiture allows law enforcement to take people's assets if the government suspects them of criminal activity. Kizer moved to challenge his forfeiture at trial, which the Indiana Court of Appeals rejected, ruling that such defendants "are not entitled to trial by jury."
