Criminals are prosecuted under the criminal rules of procedure wherein the burden of proof is beyond a reasonable doubt. Forfeiture occurs under the civil rules where the burden is a preponderence of the evidence, as in any other civil proceeding.
A criminal prosecution may go awry for a number of reasons - usually suppressed evidence. However, evidence suppressed in a criminal case may very well be admitted in a civil proceeding brought against the property.
You said — Criminals are prosecuted under the criminal rules of procedure wherein the burden of proof is beyond a reasonable doubt. Forfeiture occurs under the civil rules where the burden is a preponderence of the evidence, as in any other civil proceeding.
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And it’s *right there* that there’s a *gap* big enough to drive millions of dollars through using the biggest Mack truck you can drive... LOL...
Hooray for the “inventiveness” of capitalism and the legal profession — at work in our country, funding the police departments... :-)
Contesting the seizure often requres the victim post a bond which can be thousands of dollars, depending on the value of the property stolen.
Disgusting.
Life, Liberty or Property. Not, if we can’t nail the prick at least we can make him poor and drive his car.
Defend it if you will. Makes you small.
You say that like it’s a good thing. ;-)
If there was not enough evidence to arrest the person, then there was not enough to evidence to take property. IMHO.