Civil Asset Forfeitures

[Bone]

@RitterSport

Bricker, I understand that you haven’t stated an opinion either way about Civil Asset Forfeiture and how it’s applied, but I am curious about whether you think it has been applied reasonably on the state level.

There was a recent IMHO thread about this.

@Bricker

I’m not so persuaded by your disparate impact worries, but you’re right that I oppose the [civil forfeiture] laws wholeheartedly. From either prince or pauper, the state should not take property without a better showing than mere preponderance of the evidence. At a minimum, we should require a criminal conviction. The whole idea of forfeiture is to take property because it was used in a crime, and now the state wants to do that even when it can’t prove the crime happened.

From the same thread:

@Bone

Civil forfeiture without and prior to a conviction is an abomination.