On this
Constitution Monday it seems only fitting that we discuss civil asset
forfeiture. Numerous states are being
proactive in protecting the property rights of people who have not committed a
crime.
According to an article
published by FreedomWorks, “In most states, law enforcement does
not need to arrest, formally charge, or even convict some before taking
permanent possession of their property.
Some states, though, have established a criminal conviction as a
prerequisite to forfeiture. Those states
include New Mexico and Montana, both of which, just last year, passed this
essential property rights protection for innocent owners. While a criminal conviction would not be
required in Florida under SB 1044, the evidentiary standard it sets -- `proof beyond a reasonable doubt’ – is the same the
government needs to secure a conviction.”
Besides action in Florida, Montana,
and New Mexico to force the government to stop taking private property of
innocent people, Georgia, Iowa, Nebraska, Virginia, and Wyoming are also
involved determining what they should do, passing bills, and having them signed
by governors. Where does your state
stand on civil asset forfeiture?
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