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TX14: Acquittal does not bar forfeiture seizure otherwise with probable cause

By John Wesley Hall, Jr.

"[T]he State's seizure of gambling devices and proceeds [need not] be pursuant to a search warrant before the State may seek forfeiture of the property when the property's possessor was not convicted of an offense. We hold that a search warrant is not required for the State to initiate a forfeiture proceeding under Article 18.18(b) when officers enter a gaming establishment with the owner's consent and there is probable cause for seizure of the property." In re Gambling Proceeds & Devices, 2008 Tex. App. LEXIS 6300 (Tex.App. — Houston (14th Dist.) August 19, 2008).* Officer properly concluded he had particularized suspicion for defendant's detention after a traffic stop. State v. McMaster, 2008 MT 294, 2008 Mont. LEXIS 442 (August 19, 2008)...continue to full post

Full post as published by Fourth Amendment on August 22, 2008 (boomark / email).