Question

What are the levels of evidence applicable in a forfeiture proceeding? What unusual powers are enjoyed by Immigration & Customs Enforcement agents?

Please include your resources/works cited.

Answer 1

The Law of Evidence or Rules of Evidence impose burden of proof on the parties involved in proceedings whether it is criminal or civil or any other. But it is not necessary that all evidence are admissible in court. To be admissible evidence, it needs to be Authenticate, Hearsay, Privileged and Relevant. Law Enforcement need to obtain the authority for seizures from a warrant issued by a magistrate and it should be based on a sworn affidavit which should describe in detail the item for seizure and the evidence showing its connection to a crime. Governing rule "Federal Rule of Criminal Procedure 41" governs the authorization of seizure warrants. There need to be basis of seizure or forfeiture of any assets in proceeding. There are four categories of basis in which requirement of seizure can be examined-1. evidence of an offence, 2. contraband or items illegally possessed, 3. any fruits of crime like profit and illegally obtained items & 4. property used in an illegal act; i.e. instrumentalities.

Immigration and Customs Enforcement officers are responsible for investigating the illegal movements of people and goods into and out of the United States. Immigration and Customs officers are given unusual power that empower them not to need any cause or warrants to engage in search and seizure.