You need to tread lightly in that area. Asset forfeiture is intended to be remedial rather than punishment. That is the reason given by the appellate courts as to why a forfeiture is not a violation of the double jeopardy or excessive fines clauses of the US Constitution. If you assess storage either through the criminal case or by way of a civil proceeding you may fall into these constitutional issues. Example: You seize a vehicle worth $20,000 and the owner is placed on probation and ordered to pay $2,500 restitution for storage of the seized vehicle. Will an appellate court say that by charging the storage fee you turn the remedial seizure into a punishment of $22,500 when the maximum fine is $10,000? Just a thought.
Posts: 109 | Location: Llano, TX USA | Registered: June 29, 2009