South Dakota v. Fifteen Impounded Cats

South Dakota v. Fifteen Impounded Cats
CourtSupreme Court of South Dakota
Full case nameSouth Dakota v. Fifteen Impounded Cats
DecidedJune 23, 2010 (2010-06-23)
Citation(s)785 N.W.2d 272 (2010), 2010 SD 50
Case history
Appealed fromSouth Dakota Circuit Court
Case opinions
Decision byChief Justice Gilbertson
ConcurrenceJustice Konekamp, Justice Zinter
DissentJustice Severson, Justice Meierhenry

South Dakota v. Fifteen Impounded Cats, 785 N.W.2d 272 (S.D. 2010), is a 2010 Supreme Court of South Dakota civil forfeiture case brought by the American state of South Dakota against fifteen cats that they had seized on the grounds of interfering with a driver's visibility. The seizure was challenged by the owner of the cats and the court found on a 3–2 majority that the seizure was lawful because of the risk to pedestrians as well as to the cats.[1]

The form of the styling of this case – the defendant being animals (fifteen cats), rather than a legal person – is because this is a jurisdiction in rem (power over objects) case, rather than the more familiar in personam (over persons) case.

  1. ^ "South Dakota v. Fifteen Impounded Cats". Lowering the Bar. October 24, 2013. Retrieved January 17, 2020.

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