TBA Law Blog


Posted by: Amelia Ferrell Knisely on Feb 29, 2016

State lawmakers are debating a bill (HB 1096 / SB 1001) that would allow police to seize items only after an arrest has been made and would bar forfeiture of property until after a criminal conviction, the Kingsport Times-News reports. Under the measure, a defendant could petition the court to access seized assets to pay for his or her defense and would replace civil forfeiture with criminal forfeiture. Sullivan County District Attorney General Barry Staubus disagrees with the measure. “The current procedures we have in place on civil forfeiture in Tennessee protects sufficiently due process,” he said.