BOYD v. UNITED STATES., 116 U.S. 616

Summary

The Court held that the judgment of the lower court should be reversed and remanded, with directions to award a new trial in the customs case for forfeiture where appellant importer was compelled to give incriminating evidence against himself. Appellee federal government had seized cases of appellant's plate glass, pursuant to the Act of June 22, 1874, 18 Stat. 186, § 12 (1874). At trial, appellant was compelled under § 5 of the Act to produce the incriminating invoice. Appellant produced the invoice, but objected to its validity and constitutionality because in a forfeiture suit, no evidence could be compelled from the claimants themselves. The Court agreed with appellant, and held that the Act was unconstitutional and void, as it violated the Fifth Amendment. The Court held that a forfeiture action was an in rem action that was criminal in nature, and accordingly, appellant was entitled to protection under the Fourth and Fifth Amendments. The Court held that the notice and order to ...