Congress strengthens citizen protection

Congress last week acted to correct years of complaints about laws allowing police to seize private property and cash they believe may have been connected to criminal activity, even if no criminal charges were ever filed (see “Ungotten Gains,” CL, Oct. 30, ‘99). The Civil Asset Forfeiture Act of 2000 does away with some of the harsher effects of ’80s-era laws passed as part of the War on Drugs.

Years of stories about travelers being stripped of cash and innocent pilots, boat captains, hoteliers and homeowners losing their property spurred the bill, authored by Rep. Henry Hyde, R-Ill. Under the new law, the burden of proving that property is crime-related is shifted to law enforcement, as opposed to the old system. New protections for “innocent owners” are also in place, and the old practice of forcing owners contesting a seizure to post a bond equal to the property’s value has been ended. Further, evidence that substantial hardship will result if the property is seized pending a hearing - for instance, if someone will be rendered homeless - will allow the owner to retain possession until the case is resolved.






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