Civil asset forfeiture bill will require an actual arrest before cops seize property

DC-NEWS 300X71Casey Harper

Florida Republican Gov. Rick Scott must now decide whether to sign or veto a civil asset forfeiture reform bill that will have big implications for law enforcement.

The bill, which passed unanimously by the state’s House Tuesday, is among the toughest reforms in the country. Civil asset forfeiture is a practice in which police can seize property and keep it even if they don’t convict charge the owner with a crime. Then, the owner must go through the difficult, and often unsuccessful process to get their property – whether it’s a vehicle, cash or home – back from the police.

The new bill would require an arrest before property could be seized in most cases. To deter frivolous seizures, the bill requires police pay a $1,000 filing fee and give the person they seized from $1,500 if a judge finds the police did not have probable cause to seize the property. On top of that, the victim of a frivolous seizure can get up to $2,000 in attorney fees.

A key provision of the bill would require the state to prove “beyond a reasonable doubt” property was involved in criminal wrongdoing, the highest legal burden. So police can seize property, but to keep it they must prove beyond a reasonable doubt it is criminal. States commonly have a lower burden of proof, if they have one at all.

Under the new bill, police will have to obtain a seizure warrant within 10 days of taking the property. Under current law, the seizure is never evaluated unless the person seized from challenges it. The bill also requires law enforcement report how much and what kind of property is seized. Before this bill, no reporting was required.

The legislation even garnered the support of the Florida Sheriff’s Association but the governor’s office did not respond to request for comment.

“The Florida Contraband Forfeiture Act is an important tool for law enforcement in preventing crime and protecting Florida‘s communities,” the Florida Sheriff’s Association said in a statement. “Current HB 889/SB 1044 strikes an important balance addressing the needs of law enforcement to prevent criminals from profiting from their illegal acts while strengthening the property rights of citizens.”

Wyoming passed a civil asset forfeiture reform bill in February, though with different means to try to reign in police abuses.

Have more questions about civil asset forfeiture?

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