Posted on 02/17/2018 11:05:40 AM PST by nickcarraway
Courts in 14 Alabama counties awarded $2.2 million to law enforcement agencies through civil asset forfeiture actions filed in 2015 – a practice some Alabama lawmakers is hoping to end. Civil asset forfeiture essentially allows law enforcement take and keep property even if its owner isn’t convicted of a crime.
On Wednesday, the Alabama Senate Judiciary Committee approved a bill to change the civil asset forfeiture process in hopes of protecting the property and due process rights of Alabamians.
Under current state law, law enforcement agencies can seize property on the mere suspicion that it was either involved in a crime or derived from certain criminal activity. A civil court then decides whether the agencies involved can keep it. In these court proceedings, while the initial legal burden falls on the prosecutor, the low standard of proof means that the property owner carries the burden of proving the property is “innocent” of the alleged crime.
“Civil asset forfeiture is broken beyond repair,” said Sam Brooke, deputy legal director for the SPLC. “We urge legislators to ensure that only people convicted of a crime can lose their property through criminal forfeiture and to bring transparency and accountability to the forfeiture process. These reforms would protect due process rights and hold those who commit crimes accountable.”
HB287: the Forfeiture Accountability and Integrity Reform Act, or FAIR Act, introduced by Indian Springs-Republican State Rep. Arnold Mooney, would do just that. The legislation would put an end to civil asset forfeiture in Alabama in the absence of a criminal conviction.
25 states and the nation’s capital city have already already gotten rid of civil asset forfeiture without a conviction.
That should be done away with everywhere, permanently.
Amen.
Excellent news for Alabama. The other states should take a lesson.
No person, department, government, or other entity involved with arresting, indicting, or punishing an individual should stand to gain from it in any way, both prior to or subsequent to a conviction.
If a person has no other source of income other than crime, I can see reason behind asset forfeiture. Assets should be confiscated and auctioned off. Proceeds should only be disbursed to recognized and benificial to the public charities not affiliated with the government.
A small step in the right direction...
“””””On Wednesday, the Alabama Senate Judiciary Committee approved a bill to change the civil asset forfeiture process in hopes of protecting the property and due process rights of Alabamians. “”””””””
Sleepy Sessions will not like this.
You are right, it is right direction, and too many cities are taking property from citizens who are never convicted of a crime. Many police departments keep it, auction it, or sell it....that isn’t proper.
I support ALL POLICE, and Law Enforcement, except in keeping things that are not from a criminal. Arresting someone does not mean they are guilty!
WE teach our babies and children not to touch things they don’t own, with ‘that is NOT yours’! Taking properties by ‘Asset Forfeiture’ does not always hurt person arrested, depending on how they got it! Without possible recourse, this happens more than people realize.
As former CJ Instructor that has always bugged me!
You are right.
I agree. I can’t believe that the cops can decide to take away a person’s life work just because they may have done an alleged illegal act. No way should they have that kind of power.
I hate agreeing with the SPLC.
Good. Congress needs to pass a national law to this effect. I hope the spirit of these new laws is being enforced. We know the corrupt police state will keep trying to find ways around legal protections until the police brass is replaced with new people who are more respectful of the civil liberties.
“Excellent news for Alabama.”
Agreed. BTW, isn’t Sessions from Alabama? Maybe he should listen to the wisdom of his home state.
I agree with the SPLC? I have SPLC germs. Get hot water. Get some disinfectant. Get some iodine!
Ya think Ole Jeff the AG in DC will get a hint to uphold his oath and PROTECT AND DEFEND THE CONSTITUTION? Sessions favors confiscation of private property before due process.
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If a person has no other source of income other than crime, I can see reason behind asset forfeiture. Assets should be confiscated and auctioned off. Proceeds should only be disbursed to recognized and benificial to the public charities not affiliated with the government.
>
I see no reason to grant govt any ability to determine what/which/why a persons’ property should be sold for restitution of crime. Govt/law lays out what is owed, it is up to the Citizen to pay said amount.
Bad enough w/ the IRS & debtors prison. At least there a the *person* is presumed guilty, not the *property*
BOTH are an antithesis to this country, law and Liberty.
Neither should the IRS. Nothing but a criminal organization.
Well, this should wake Rip Van Sessions up.
He's so SLEEEEEEPPPPYYYYY
Hmmm, who hired him and who keeps him there because he approves of the job he’s doing?
Confiscation of property that could not have been purchased without the criminal activity, would simply be a part of the fine levied against the guilty party.
Don’t like the fine, don’t do the crime.
This is no more against our laws than a monetary fine would be.
A standard would have to be charged and proven. Failing that, nothing would be taken.
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