Section 1437d

Citation: Section 1437d
Parent Document: Rucker v. Davis, 237 F.3d 1113 (2001)
Jurisdiction: United States (federal)
Effective Date: 2001-01-24
Original Source: https://www.courtlistener.com/opinion/7086389/rucker-v-davis/ ↗

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Most important, in Bennis, the Court suggested that the fact that the property was used in criminal activity was decisive; the Court held that the spouse’s due process claim was defeated by “a long and unbroken line of cases holding] that an owner’s interest in property may be forfeited by reason of the use to which the property is put even though the owner did not know that it was to be put to such use.” Bennis, 516 U.S. at 446, 116 S.Ct. 994 (emphasis added); see also id. at 450, 116 S.Ct. 994 (discussing the requirement that the property be an “instrumentality” of crime). In this case, with the exception of Plaintiff Walker’s caregiver, the illegal activities took place off the premises leased by the plaintiffs. Thus, the leasehold interest was not used in connection with the crime.

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