Declaration of Independence

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. - That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed.

Sunday, March 13, 2016

Civil Asset Forfeiture

                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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