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Topic: Asset Forfeiture - is it going too far?
Topic Posted by: AliceDate Posted: Wed Apr 1 14:10:03 1998
Topic Description: I have read books about "The Drug War" in America and am concerned that asset forfeiture is turning some Police departments into Piracy departments. I know this is a powerful tool for law enforcement, but I've read and personally know of cases where it's gone too far. How can we keep these laws from becoming a threat to our civil liberties? My husband and I don't use any drugs, legal or illegal, but if drugs were left in our house, after a party or guest stayed with us, and for some reason our house was searched, we could lose our home!
Posted by: Alve
Date posted: Thu Apr 2 19:50:17 1998
Subject: forfeiture
Message:
Federal and state officials now have the power to seize your business, home, bank account, records and personal property--all without indictment, hearing or trial. Everything you have can be taken away at the whim of one or two federal or state officials. **** Increased government and police powers, rising criminal activity and violence, popular anxiety about drug use--all have become justifications for curtailing the application of the Bill of Rights and the individual security it once guaranteed. **** To justify its seizure, the government need only present evidence of what its agents see as "probable cause." This is the same minimal standard required to obtain a search warrant, which allows police only to seek evidence of a crime, not to permanently seize property. Even worse, under current law the burden of proof then switches to the property owner, who must establish by "a preponderance of the evidence" that his or her property has not been used in a criminal act. **** To contest government forfeiture, owners are allowed only days in which to file a claim and post a 10% cash bond based on the value of the property. Even if the owner gets his property back, the government is not liable for damage. **** The basic American presumption--innocent until proven guilty--has been reversed. Property owners who lease apartments, cars or boats risk losing their property because of renters' conduct over which the owner has no control--and sometimes, by law, can have no control. **** Over the course of several years, Florida police routinely confiscated cash (an estimated $8 million total) from motorists who fit profiles of drug couriers. Criminal charges rarely were filed in these cases, and in only three did individuals have funds returned. **** Confiscation but no crime: According to one estimate, in more than 80% of asset-forfeiture cases the property owner is not charged with a crime, yet government officials usually keep seized property.
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