1. Property shall not be forfeited as an instrumentality under this chapter to the extent that the amount or value of the property is grossly disproportionate to the severity of the offense.
2. Contraband and any proceeds obtained from the offense are not subject to proportionality review under this section. 2017 Acts, ch 114, §9, 15 Section applies to forfeiture proceedings that begin on or after July 1, 2017; 2017 Acts, ch 114, §15 \n
Notes of Decisions
In the Matter of Prop. Seized for Forfeiture from Darrell Anthony Jones, 15 N.W.3d 90 (Iowa Ct. App. 2024).
· cites it 4× “Jones’s argument overlooks the fact that, earlier in its ruling, the district court cited Iowa Code section 809A.12B. This statute states, “[p]roperty shall not be forfeited as an instrumentality under this chapter to the extent that the amount or value of the property is…”
Iowa Code § 809A.12B(1): 1 case
In the Matter of Prop. Seized for Forfeiture from Darrell Anthony Jones, 15 N.W.3d 90 (Iowa Ct. App. 2024).
“Jones’s argument overlooks the fact that, earlier in its ruling, the district court cited Iowa Code section 809A.12B. This statute states, “[p]roperty shall not be forfeited as an instrumentality under this chapter to the extent that the amount or value of the property is…”
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