Does a federal decision construing a state forfeiture statute apply the same weight and authority as it applies to a federal forfeiture statute?

California, United States of America


The following excerpt is from Nasir v. Sacramento County Off. of the Dist. Atty., 11 Cal.App.4th 976, 15 Cal.Rptr.2d 694 (Cal. App. 1992):

In People v. Superior Court (Rishwain, Hakeem & Ellis), supra, 215 Cal.App.3d at page 1414, in footnote 1, 264 Cal.Rptr. 28, we noted that in construing our state forfeiture statutes, federal decisions construing comparable federal statutes are entitled to great weight and are particularly persuasive. In the decisions of the federal appellate courts, the clear trend and weight of authority would not deny a determination on the merits to a plaintiff in these circumstances merely because a defendant has improperly disposed of his property.

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