from the article:
“Law enforcement and prosecutors can’t go after property unless it can be shown it was used in a crime, was gained through criminal action or bought with the proceeds of a crime. Alabama law lays out a clear process that prosecutors must follow in going after a criminal’s assets and an easy process for people to challenge the forfeiture.”
agree with this policy as long as the seizure is lawful, with complete transparency and accountability of those authorizing and executing the seizure and with due process for any claimants. i’ve got zero problem with keeping criminals from continuing to profit and commit additional crimes using their ill gotten gains.
The snag is just how is “criminality” adjudicated here. It seems to be enough to sue the objects, without convicting a person. That’s a legal fiction big enough to drive a truck through, yet it’s been accepted by the highest courts. Any fix will need to be legislative and/or constitutional.
Until then, everything is merely alleged.
The author states having to wait for conviction is the problem.