Seized Property; Rights of Owners and Others Holding Interests.
a. Forfeiture pursuant to this chapter shall not affect the rights of any lessor in the ordinary course of business or any person holding a perfected security interest in property subject to seizure unless it shall appear that the person had knowledge of or consented to any act or omission upon which the right of forfeiture is based. These rights are only to the extent of interest in the seized property and at the option of the entity funding the prosecuting agency involved may be extinguished by appropriate payment.
b. Property seized under this chapter shall not be subject to forfeiture if:
(1) the prosecutor fails to establish by a preponderance of the evidence that the owner of the property was involved in or aware of the unlawful activity: or
(2) the prosecutor establishes by a preponderance of the evidence that the owner of the property was involved in or aware of the unlawful activity, but the owner establishes by a preponderance of the evidence that the owner had done all that could reasonably be expected to prevent the proscribed use of the property by an agent. A person who uses or possesses property with the consent or knowledge of the owner is deemed to be the agent of the owner for purposes of this chapter.
c. Property seized under this chapter shall not be subject to forfeiture if the property is seized while entrusted to a person by the owner or the agent of the owner when the property has been entrusted to the person for repairs, restoration or other services to be performed on the property, and that person, without the owner's knowledge or consent, uses the property for unlawful purposes.
Notes of Decisions
State v. One 1990 Honda Accord, 712 A.2d 1148 (N.J. 1998).
· cites it 2× “With prima facie contraband, the State may retain the property until the conclusion of the criminal proceeding, after which the property shall be forfeited, “subject to the rights of owners and others holding interests pursuant to Section 2C:64-5.” N.J.S.A 2C:64-2. The…”
State v. One 1979 Pontiac Sunbird, 468 A.2d 715 (N.J. Super. Ct. App. Div. 1983).
· cites it 4× “2C:64-2, also amended in 1981, for example, provides that prima facie contraband [2] shall be forfeited " subject to the rights of owners and others holding interests pursuant to section 2C:64-5." (Emphasis supplied). Section 2C:64-5 as we earlier noted, is that section of the…”
State v. Cavassa, 549 A.2d 458 (N.J. Super. Ct. App. Div. 1988).
· cites it 4× “Thereafter, prima facie contraband shall be forfeited to the entity funding the prosecuting agency involved, subject to the rights of owners and others holding interests pursuant to section 2C:64-5. That the Legislature intended a forfeiture proceeding to be essential to the…”
Matter of Two Seized Firearms, 602 A.2d 728 (N.J. 1992).
· cites it 2× “All that is required is that the forfeiture proceedings meet constitutional requirements.”
Krimstock v. Kelly, 306 F.3d 40 (2d Cir. 2002).
“703 (6)-(7) (spouses, lienholders, lessors, joint owners, and other parties lacking knowledge of the criminal activity alleged); N.J. Stat. Ann. § 2C:64-5(a)-(b) (unwitting lessors and security-interest holders; owners who show that they were "not involved in or aware of the…”
Threlkeld v. State ex rel. Miss. Dept. of Wildlife, 586 So. 2d 756 (Miss. 1991).
“See N.J.S.A. 2C:64-5. The *759 court held that, read literally, the statute would be constitutionally infirm because it reached "not only the property of criminals, but also to that of innocent owners who did all they reasonably could to prevent the misuse of their property.”
N.J. Stat. § 2C:64-5(a): 1 case
Krimstock v. Kelly, 306 F.3d 40 (2d Cir. 2002).
“703 (6)-(7) (spouses, lienholders, lessors, joint owners, and other parties lacking knowledge of the criminal activity alleged); N.J. Stat. Ann. § 2C:64-5(a)-(b) (unwitting lessors and security-interest holders; owners who show that they were "not involved in or aware of the…”
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