IN DEPTH: A History Of Asset Forfeiture

1500 B.C. -- Moses tells the Israelites that God has decreed, "If an ox
gores a man or a woman to death, then the ox shall surely be stoned, and
its flesh shall not be eaten." -- Exodus 21:28. This declaration is
thought to be the genesis of Western asset forfeiture
law.

1215 A.D. -- British nobles force the King of England to sign the Magna
Carta. Among other things, the document declares that fines cannot
deprive a free man of his livelihood.

1689 -- Parliament passes the English Bill of Rights. The bill contains
a prohibition against excessive fines, which is later incorporated into
the U.S. Constitution.

1789 -- U.S. Congress allows the forfeiture of goods of importers trying
to evade customs duties.

1790 -- U.S. Congress allows the seizure of smuggled goods. That same
year, it prohibits forfeiture of a defendant's property as punishment
for a crime.

1861 -- U.S. Congress directs the president to seize property used "for
insurrectionary purposes."

1871 -- In Tyler v. Defrees, the U.S. Supreme Court OK's the seizure of
property belonging to Confederate sympathizers during the Civil War.

1878 -- In Dobbins' Distillery v. United States, the U.S. Supreme Court
allows the government to seize real estate associated with moonshining.

1913 -- Nevada Legislature empowers police to confiscate and dispose of
weapons taken from individuals charged with crimes.

1970 -- U.S. Congress enacts the Racketeer Influenced and Corrupt
Organizations (RICO) Act, which contains an asset forfeiture provision.

1983 -- Nevada Legislature approves Nevada's first civil forfeiture
statute. Bill is sponsored by Assemblyman Mark Malone, D-Las Vegas, who
also serves in the patrol division of the Metropolitan Police
Department.

1993 -- In United States v. James Daniel Good Real Property, a divided
U.S. Supreme Court determines that seizure of real property without a
hearing violates the due process clause of the U.S. Constitution.

1996 -- Nevada Supreme Court, relying on Good, issues its decision in
Levingston v. Washoe County. It finds the seizure of a defendant's
property, after conviction, violates the double jeopardy clause of the
U.S. Constitution.

1996 -- With an 8-1 ruling in United States v. Ursery, the U.S. Supreme
Court declares that civil forfeitures did not constitute "punishment"
for purposes of the double jeopardy clause.

1998 -- At the request of Washoe County, the Nevada Supreme Court
reverses its earlier ruling in Levingston to bring Nevada case law into
conformity with Ursery.

1998 -- In United States v. Bajakajian, the U.S. Supreme Court rules
that forfeitures must be "proportional" to the offense and not violate
the excessive fines clause of the U.S. Constitution.