Civil Forfeiture

civil forfeiture - policing for profit.jpg
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Problem:
Texas has some of the worst civil forfeiture laws in the nation, as demonstrated by an Institute for Justice report, Policing for Profit:  The Abuse of Civil Asset Forfeiture.  Texas law establishes a trifecta of circumstances that invite forfeiture abuse.  First, Texas allows law enforcement agencies to police for profit—to seize and sell property then return the proceeds directly into their budgets giving them a financial incentive to abuse this power.  Second, Texas uses a “preponderance of the evidence” standard for determining whether a particular seizure is valid, rather than the “beyond a reasonable doubt” standard for criminal defendants.  Third, Texas places the burden on the innocent owner to prove his innocence.
Institute for Justice – Texas Civil Forfeiture

 

Solution:

coming soon…

 

Texas Constitution
Code of Criminal Procedure
Chapter 59 – Forfeiture of Contraband

 

Truth Out – Cash Cops: How Civil Forfeiture Enriched US Law Enforcement

Texan Challenges Civil Forfeiture Law

New Yorker – Under civil forfeiture, Americans who haven’t been charged with wrongdoing can be stripped of their cash, cars, and even homes. Is that all we’re losing?

Billings Gazette – Montana must do more to reform civil forfeiture law

Police Ripped Off More Stuff Than Burglars Did Last Year

Washington Post – Asset seizures fuel police spending

Think Progress – New Mexico Is The Second State To Ban Police From Seizing Innocent People’s Property

DOJ – Attorney General Prohibits Federal Agency Adoptions of Assets Seized by State and Local Law Enforcement Agencies Except Where Needed to Protect Public Safety

Policing for Profit: The Abuse of Civil Asset Forfeiture

Institute for Justice – Ending “Policing for Profit” in Texas: Constitutional Lawsuit Challenges Texas Law Allowing Forfeiture Abuse

Texas Observer – When it Comes to Civil Forfeiture in Texas, You Have No Property Rights

Slate – How local cops are still colluding with the feds to seize pot-related assets—even in states with legal marijuana.

Slate – Why Eric Holder’s civil forfeiture decision won’t stop civil forfeiture abuse.

Institute for Justice – Federal Equitable Sharing

Institute for Justice – Stricter State Law, More Equitable Sharing

DOJ – Attorney General Prohibits Federal Agency Adoptions of Assets Seized by State and Local Law Enforcement Agencies Except Where Needed to Protect Public Safety

FORBES – Despite Holder’s Forfeiture Reform, Cops Still Have A License To Steal

Alternet – Federal Asset Forfeiture Takes a Blow, But It’s Not Gone Yet

Alternet – The Fine Print in Holder’s New Forfeiture Policy Leaves Room for Continued Abuses

Think Progress – Oklahoma Police Just Made It Easier Than Ever To Seize Someone’s Money

Trib Talk – For the Texas Supreme Court, the right ruling for the wrong law

NPR – New Mexico Ended Civil Asset Forfeiture. Why Then Is It Still Happening?

Grits for Breakfast – On the geography of asset forfeiture and the growing effort to restrict it

New Yorker – Taken

National Review – California Forfeits Common Sense