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STATE v. SANDERS

No. COA21-358.

874 S.E.2d 642 (2022)

2022-NCCOA-417

STATE of North Carolina v. Jermaine Lydell SANDERS, Defendant.

Court of Appeals of North Carolina.

Filed June 21, 2022.

Attorney(s) appearing for the Case

Perry Legal Services, PLLC, by Maria T. Perry , for defendant-appellee.

Cranfill Sumner LLP, by Steven A. Bader , Raleigh, and Patrick H. Flanagan , Charlotte, for appellants.

Acting United States Attorney William T. Stetzer , by Assistant United States Attorney J. Seth Johnson , amicus curiae.

Kristi L. Graunke and Leah J. Kang , for American Civil Liberties Union of North Carolina Legal Foundation, Inc.; Dawn N. Blagrove and Elizabeth G. Simpson for Emancipate NC, Inc.; Daryl Atkinson and Whitley Carpenter for Forward Justice; and Laura Holland for North Carolina Justice Center, amici curiae.

¶ 1 Judicial proceedings pertaining to criminal seizures of personal property in North Carolina are based on in personam, not in rem, jurisdiction. These proceedings differ from federal civil forfeiture proceedings, which are based on in rem jurisdiction over the property at issue. For this reason, where...

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