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Marijuana Law – Keyed to Mikos
von Hofe v. United States
Facts
A police officer and a federal DEA agent received a tip from a confidential informant and seareched Harold and Kathleen von Hofe’s residence. The police office found sixty-five marijuana plants, a scale with marijuana residue, several marijuana pipes, jars with marijuana, and other items associated with the cultivation of marijuana. However, the officer did not find large amounts of cash, firearms, or glassine bags in the residence. Kathleen admitted that her husband owned the marijuana plants and claimed that she was not involved in the marijuana cultivation. Likewise, Harold admitted that he cultivated marijuana, owned the plants, gave the marijuana to his son and his friends, and that Kathleen was not involved in the cultivation of marijuana. The State brought criminal charges against both Harold and Kathleen von Hofe. Harold pled guilty to the manufacture and distribution of marijuana. Kathleen pled guilty to possession of marijuana. The federal government initiated a civil forfeiture action against the couple’s residence, and Kathleen asserted the innocent owner defense, which the jury rejected. Subsequently, Kathleen asserted that the forfeiture violated the Excessive Fines Clause, and the district court rejected. Kathleen appeals the district court’s judgment.
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