The new federal asset forfeiture law is civil, not criminal, and unlike the English common law, which required conviction prior to seizure, American forfeiture dispenses with the need for proving the property owner guilty of anything. All that is necessary is for the state to claim a connection between the thing seized and drugs, whereupon the government may confiscate the property. It is then up to the owner to prove (at their own expense, hiring a lawyer & etc.) that the property is "innocent." Critically, the proceeds from the seizures go into the budget of the state or federal law enforcement agencies and prosecutors offices.Oh god almighty !
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posted by ericb at 5:55 PM on April 28, 2006