What triggers judicial forfeiture in the U.S.?

Judicial forfeiture in the U.S. is initiated through a legal process where a court is involved to determine whether property should be forfeited due to its connection to criminal activity. Specifically, this process is typically initiated by a court action brought forth by the U.S. Attorney or other prosecuting authority.

In these cases, the government must prove that the property is connected to illegal activities, which is resolved through the judicial system. This means that a judge ultimately decides the outcome of the case based on the evidence presented. By contrast, a government directive, police report, or public referendum does not involve the necessary judicial proceedings to initiate forfeiture, making them insufficient triggers for this legal action. The role of the court is critical in ensuring that due process is followed and that property rights are respected during the forfeiture process.