RICHARDSON v. $20,771.00

Opinion No. 28113.

437 S.C. 290 (2022)

878 S.E.2d 868

Jimmy A. RICHARDSON, II, Solicitor for the 15th Judicial Circuit, ON BEHALF OF the 15TH CIRCUIT DRUG ENFORCEMENT UNIT, Appellant, v. TWENTY THOUSAND SEVEN HUNDRED SEVENTY-ONE AND 00/100 DOLLARS ($20,771.00), U.S. Currency and Travis Green, Respondents.

Supreme Court of South Carolina.

Filed September 14, 2022.


Attorney(s) appearing for the Case

James Richard Battle II , of Battle Law Firm, LLC, of Conway, for Appellant.

Benjamin Alexander Hyman , of The Hyman Law Group, P.A., of Conway, and Daniel L. Alban and Robert Frommer , both of Arlington, VA, for Respondent.

Susan King Dunn and Shirene Carole Hansotia , both of Charleston; Jeremiah Williams and Jonathan Ference-Burke , both of Washington, DC; Caitlin M. Giaimo, Amreeta Susy Mathai, Olga Akselrod, Rodkangyil O. Danjuma , and Leah M. Watson , all of New York, NY; and Jay Curran and Michael Hanify , both of Boston, MA, for Amici Curiae American Civil Liberties Union Foundation, American Civil Liberties Union of South Carolina Foundation, National Federation of Independent Business, The South Carolina Appleseed Legal Justice Center, South Carolina for Criminal Justice Reform, Root & Rebound, and Project Not a Statistic.

Jeffrey P. Dunlaevy , of Dunlaevy Law Firm, of Greenville, and Robert Daniel Alt and Jay R. Carson , both of Columbus, OH, for Amici Curiae The Buckeye Institute and Americans for Prosperity Foundation — South Carolina.

Attorney General Alan McCrory Wilson , Chief Deputy Attorney General W. Jeffrey Young , Solicitor General Robert D. Cook , Deputy Assistant Attorney General Harley Littleton Kirkland , and Assistant Attorney General Leon David Leggett III , all of Columbia, for Amicus Curiae Attorney General Alan Wilson .

Alan D. Clemmons , of Clemmons Law Firm, LLC, of Myrtle Beach, and Daniel C. Posner and Ari M. Herbert , both of Los Angeles, CA, for Amici Curiae The Southern Poverty Law Center and the National Police Accountability Project.


Travis Green presents a facial challenge to our civil asset forfeiture statutory scheme following law enforcement's seizure of cash and contraband during the execution of a search warrant. The circuit court concluded sections 44-53-520 and — 530 of the South Carolina Code (2018) are facially unconstitutional under both the...

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