Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Senators Rand Paul, King, Crapo and Lee Reintroduce FAIR Act to Reform Civil Asset Forfeiture Process
US Senate ^ | June 25 | Rand Paul

Posted on 06/26/2020 10:48:41 AM PDT by RandFan

WASHINGTON, D.C. – Today, U.S. Senators Rand Paul (R-KY), Angus King (I-ME), Mike Crapo (R-ID), and Mike Lee (R-UT) reintroduced the bipartisan Fifth Amendment Integrity Restoration (FAIR) Act, S. 4074, to protect property owners’ rights, defend innocent Americans, and restore the Fifth Amendment’s role in civil forfeiture proceedings.

“The federal government has made it far too easy for government agencies to take and profit from the property of those who have not been convicted of a crime. The FAIR Act will uphold the Fifth Amendment and ensure government agencies no longer profit from taking American citizens’ property without due process. It will guard against abuse while maintaining the ability of courts to order the surrender of proceeds of crime,” said Sen. Paul.

“Any seizure of property must be based on clear and convincing evidence,” said Sen. King. “When financial motivations are allowed to enter the decision-making process associated with civil asset forfeiture, we run the risk of losing our focus on the pursuit of justice. This is unacceptable – it is past time to reform these laws, and refer to the due process principles that are enshrined in the Bill of Rights.”

“Requiring Americans to prove their property should not have been taken by the government, rather than the government proving guilt, undermines our system of justice,” said Sen. Crapo. “Commonsense restraints must be instituted to end civil asset forfeiture abuses. The FAIR Act would put the burden of proof where it should be — on the government, not innocent Americans.”

“While we certainly want to ensure that law enforcement has the tools they need to fight crime, the federal government should not be wrongfully taking our citizens’ private property and denying them due process under the law,” said Sen. Lee. “The FAIR Act provides some much-needed protections for Americans’ Fifth Amendment rights.”

Senator Paul will also offer this reform as an amendment to any police reform bill the Senate considers.


TOPICS: Extended News; US: Idaho; US: Kentucky; US: Maine; US: Utah
KEYWORDS: 5thamendment; angusking; crapo; fifthamendment; idaho; kentucky; king; lee; maine; mikecrapo; mikelee; mikeleesucks; police; rand; utah
Navigation: use the links below to view more comments.
first previous 1-2021-33 last
To: Responsibility2nd
And believe it or not - I’ve had FReepers argue that even that goes too far.

Yup. Several of us right here on this thread who are actually concerned about this abuse of governmental power.

Of course they are pro-dopers, so it kinda makes sense.

Yeah, ad hominem makes for really a great argument.

21 posted on 06/26/2020 11:30:54 AM PDT by zeugma (Stop deluding yourself that America is still a free country.)
[ Post Reply | Private Reply | To 6 | View Replies]

To: zeugma; Amendment10; The Pack Knight; Responsibility2nd

Some analysis here:


.... Because the process is “civil,” it often allows police to do this without ever proving the property owner has committed a crime, or even charging them with criminal action. Those facing the forfeiture process often have to pay for their own lawyers (if they can afford lawyers, what with their assets being seized) and face a complex bureaucratic process stacked against them. This was sold as a way to fight drug cartels, but over the past several decades it has become clear that cops are abusing the process to pad their budgets and payrolls. Instead of drug kingpins, the targets are frequently poorer people, often minorities or immigrants, who lacked the financial resources to fight back when police took their property. Law enforcement agencies have raked in more than $35 billion in this way over the last two decades.

Several states have tried to curtail abuses by imposing their own restrictions on forfeitures, but the federal Department of Justice’s programs can be used to bypass state-level restraints. The Justice Department’s Equitable Sharing program allows local law enforcement agencies to team up with the FBI or Drug Enforcement Administration to do a raid, then launder the assets they seize through the feds and keep much of it.

The FAIR Act would eliminate such “equitable” sharing, forcing law enforcement agencies to comply with state-level restrictions on forfeiture. It also increases the evidentiary threshold for forfeiture, requiring “clear and convincing evidence” that the property to be seized is connected to a crime, compared to the current, much looser standard or a “preponderance of the evidence.” It’s still not the same “beyond a reasonable doubt” threshold to get a conviction, but it’s nevertheless an improvement.

The bill would also make sure that people subjected to federal forfeitures would receive appointed counsel if they need it. And it would reduce the profit motive to engage in forfeiture by directing the money seized in this way to the Treasury’s General Fund, to be distributed by Congress rather than be sent directly to law enforcement agencies.

“The federal government has made it far too easy for government agencies to take and profit from the property of those who have not been convicted of a crime,” Paul said in a prepared statement. “The FAIR Act will uphold the Fifth Amendment and ensure government agencies no longer profit from taking American citizens’ property without due process. It will guard against abuse while maintaining the ability of courts to order the surrender of proceeds of crime.”

Paul attempted to get this bill passed back in 2014, but it languished at the Senate Judiciary Committee. Rep. Tim Walberg (R–Mich.) has sponsored the House version, which has attracted co-sponsors from both major parties, but it has also been stuck in committee since May 2019.

This time Paul says he’ll be attempting to attach the FAIR Act as an amendment to any police reform bill the Senate might consider. Unfortunately, it’s not clear that the Senate will actually be considering any of them. Senate Democrats refused to support a Republican-sponsored bill organized by Sen. Tim Scott (R–S.C.) because it didn’t go far enough for them. Meanwhile, the bill Democrats pushed through the House last night included a provision that would strip officers of qualified immunity, an idea that Senate Republicans don’t want to consider.

So ultimately there may not be anything for Paul to actually attach the FAIR Act to. We’ll have to see.

https://reason.com/2020/06/26/rand-paul-tries-again-to-make-it-harder-for-police-to-take-your-stuff/


22 posted on 06/26/2020 11:43:56 AM PDT by RandFan (3C)
[ Post Reply | Private Reply | To 21 | View Replies]

To: RandFan

Due process...a right guaranteed to *all* citizens.


23 posted on 06/26/2020 11:49:19 AM PDT by Gay State Conservative (The Rats Just Can't Get Over The Fact That They Lost A Rigged Election!)
[ Post Reply | Private Reply | To 9 | View Replies]

To: RandFan

ending these police thefts of citizens’ private property will go a long ways to reform what needs fixing

and its years late!!!!!

why the Hell hasn’t this damned police state theft racket been ended long ago?!


24 posted on 06/26/2020 11:56:41 AM PDT by faithhopecharity (Politicians are not born, theyÂ’re excreted. Marcus Tullius Cicero (106 to 43 BCE))
[ Post Reply | Private Reply | To 1 | View Replies]

To: RandFan

Regarding qualified immunity, there’s no constitutional argument that a certain segment of the population should have more rights than the rest, in a legal sense.


25 posted on 06/26/2020 12:01:56 PM PDT by wastedyears (The left would kill every single one of us and our families if they knew they could get away with it)
[ Post Reply | Private Reply | To 22 | View Replies]

To: faithhopecharity

There’s too much money involved to want to end it.


26 posted on 06/26/2020 12:02:46 PM PDT by wastedyears (The left would kill every single one of us and our families if they knew they could get away with it)
[ Post Reply | Private Reply | To 24 | View Replies]

To: wastedyears

it is probably just that simple, yes.

still, a government whose police and secret agents break in and steal from its citizens is hardly the American dream of our Founders

and

this corrupts many of “our” police and government ‘officials’ probably more than any other single thing


27 posted on 06/26/2020 12:20:49 PM PDT by faithhopecharity (Politicians are not born, theyÂ’re excreted. Marcus Tullius Cicero (106 to 43 BCE))
[ Post Reply | Private Reply | To 26 | View Replies]

To: RandFan

Bravo...


28 posted on 06/26/2020 1:51:41 PM PDT by Demiurge2 (Define your terms!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: RandFan

ABOUT TIME!


29 posted on 06/26/2020 2:31:33 PM PDT by BereanBrain (qu)
[ Post Reply | Private Reply | To 1 | View Replies]

To: RandFan
https://encrypted-tbn0.gstatic.com/images?q=tbn%3AANd9GcRvkJ8TxmT7YflVfd-wKHR7q6GYBHtCGk-L6Q&usqp=CAU
30 posted on 06/26/2020 3:36:27 PM PDT by NRx (A man of honor passes his father's civilization to his son without surrendering it to strangers.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: BereanBrain

Don’t get too excited.... the Uniparty will probably vote it down!


31 posted on 06/26/2020 7:50:38 PM PDT by RandFan (3C)
[ Post Reply | Private Reply | To 29 | View Replies]

To: The Pack Knight

“I remember when Henry Hyde was fighting this lonely fight over 20 years ago.”

He also wrote the original bill to allow it. Hyde was a snake. He cast the deciding vote on the 94 AWB after he told me to my face he wouldn’t.

Eff Hyde.

L


32 posted on 06/26/2020 7:54:12 PM PDT by Lurker (Peaceful coexistence with the Left is not possible. Stop pretending that it is.)
[ Post Reply | Private Reply | To 16 | View Replies]

To: Responsibility2nd

The vast majority of the ABUSES are of honest citizens. No rock warrants, seizure and never given back posessions that were confiscated. I know LOTs of individuals who have had this happen to them, with no charges filed, not even detained. Very common in Texas for a county/city cop to stop some passing through and seize any monies over 500,1000 or 2000$. They are told talk to the judge to get it back. Not even a ticket written for speeding in some instances.....Moral of the story - NEVER agree to any searches.


33 posted on 06/27/2020 11:09:27 AM PDT by BereanBrain (qu)
[ Post Reply | Private Reply | To 6 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-33 last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson