Federal Appeals Court Stops Government From Taking Wife's Interest In Marijuana Grow House
An Associated Press article reported on the ABC News website reports on a decision by a Federal Appeals Court that stopped the Federal government from taking, by forfeiture, a wife's one half interest in her Branford, Connecticut home in which her husband was growing marijuana.
The home was owned by a husband and wife. The police raided their home and found 65 marijuana plants, glass smoking pipes and other items associated with operating an indoor pot farm. The wife claimed she was unaware that her husband was growing pot in the home. The lower Federal trial court ruled that the entire home was to be forfeited to the Federal Government.
On appeal, the Second Circuit U.S. Court of Appeals reversed that portion of the trial court's decision that required the wife to forfeit her half of the home. The appeals court found that the court record was devoid of any evidence indicating her use of drugs or her involvement in any criminal activity whatsoever. It did, however, note that the jury found that the wife did become aware at some point of her husband's activities, and upon becoming aware, did nothing. Accordingly, the appeals court ruled that forfeiture of her half of the home was a constitutionally excessive fine, given her lack of involvement in the pot cultivation and sent the case back to the lower court to determine to what extent forfeiture should be imposed on her if at all for, what the appeals court described as, "her minimal culpability or any harm she caused." It affirmed that portion of the lower court ruling ordering forfeiture of the husband's half to the government.
For more, see Court: Feds Allowed to Seize Only Half Conn. House in Drug Case, Woman Gets Other Half.
For court decision, see von Hofe vs. United States (2nd Cir., June 27, 2007). pot grow ops alpha
The home was owned by a husband and wife. The police raided their home and found 65 marijuana plants, glass smoking pipes and other items associated with operating an indoor pot farm. The wife claimed she was unaware that her husband was growing pot in the home. The lower Federal trial court ruled that the entire home was to be forfeited to the Federal Government.
On appeal, the Second Circuit U.S. Court of Appeals reversed that portion of the trial court's decision that required the wife to forfeit her half of the home. The appeals court found that the court record was devoid of any evidence indicating her use of drugs or her involvement in any criminal activity whatsoever. It did, however, note that the jury found that the wife did become aware at some point of her husband's activities, and upon becoming aware, did nothing. Accordingly, the appeals court ruled that forfeiture of her half of the home was a constitutionally excessive fine, given her lack of involvement in the pot cultivation and sent the case back to the lower court to determine to what extent forfeiture should be imposed on her if at all for, what the appeals court described as, "her minimal culpability or any harm she caused." It affirmed that portion of the lower court ruling ordering forfeiture of the husband's half to the government.
For more, see Court: Feds Allowed to Seize Only Half Conn. House in Drug Case, Woman Gets Other Half.
For court decision, see von Hofe vs. United States (2nd Cir., June 27, 2007). pot grow ops alpha
posted by Home Equity Theft Reporter at 12:22 AM
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