Posted on Feb 17, 2017
Opinion | A power that lets police take property for themselves — even when there’s no crime
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Edited 8 y ago
Posted 8 y ago
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This policy is been around over 40 years. Civil seizure has a lesser level of proof than a criminal case. So, it is common to take goods involved in possible illegal activity without having to meet the standard required by criminal courts. Also, a lot of seizures are a result of criminal investigations that later get plea bargained down to lesser crimes or prosecution dropped for various reasons. That does not automatically return the suspects goods. For example, a Meth maker is arrested and everything in or around his lab is seized. If the suspects makes a deal, for whatever reason, to drop the case, the meth lab equipment is not returned. That may involve his vehicle, his house, his cash, and even his dog if it was used as a look out. Civil asset forfeiture is established law. There is a process to get the stuff back, but it is not easy.
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