STATE of New Jersey, by and through the COUNTY OF CUMBERLAND, Plaintiff-Appellant,
v.
ONE 1990 FORD THUNDERBIRD, bearing New Jersey Registration YB158W, Defendant in rem, and
Carol Thomas, Defendant/Counterclaimant-Respondent,
v.
State of New Jersey, by and through the County of Cumberland, and Peter C. Harvey, Attorney General of New Jersey, and the County of Cumberland, Counterclaim Defendants-Appellants.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued March 31, 2004.
Decided July 21, 2004.
Attorney(s) appearing for the Case
Boris Moczula, Assistant Attorney General, argued the cause for appellants (Peter C. Harvey, Attorney General, pro se and attorney for appellants; Linda K. Danielson, Deputy Attorney General, of counsel and on the brief).
Scott G. Bullock, Washington, DC, of the Pennsylvania and District of Columbia bars, admitted pro hac vice, argued the cause for respondent (Jacob & Chiarello and Scott G. Bullock attorneys; Joseph M. Chiarello and Mr. Bullock, on the brief).
Robert D. Bernardi, Mount Holly, Burlington County Prosecutor, argued the cause for amicus curiae County Prosecutors Association of New Jersey (Dolores M. Blackburn, Sussex County Prosecutor and Mary R. Juliano, Assistant Monmouth County Prosecutor, attorneys; Ms. Blackburn, of counsel; Ms. Juliano, on the brief).
Edward Barocas, Legal Director, argued the cause for amicus curiae American Civil Liberties Union of New Jersey.
Martin S. Kaufman, of the New York bar, admitted pro hac vice, argued the cause for amici curiae National Association of Criminal Defense Lawyers and Association of Criminal Defense Lawyers of New Jersey (Gibbons, Del Deo, Dolan, Griffinger & Vecchione, and Atlantic Legal Foundation, Inc., attorneys; Lawrence S. Lustberg and Mr. Kaufman, on the brief).
Before Judges KESTIN, CUFF and LARIO.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by KESTIN, P.J.A.D.
The focal issue in this case is the constitutionality of New Jersey's criminal instrumentality forfeiture law, N.J.S.A. 2C:64-1 to -9 (the Act). The trial court held that the seizure of a motor vehicle pursuant to N.J.S.A. 2C:64-6a violated the owner's federal and State due process rights. We reverse.
I
This proceeding arose on June 22, 1999, when the Cumberland County Prosecutor...
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