Can law enforcement seize property without charging the owner with a crime?
By Allegra Taylor
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YES
Under civil asset forfeiture laws, law enforcement agencies are permitted to seize and forfeit property they suspect is involved in a crime without charging the owner. Proponents of the practice say that it’s a key tool to fight organized crime.
The standard of proof for civil asset forfeiture cases is generally much lower than in criminal cases. Under federal law and in 31 states, a “preponderance of evidence” is required for the police to keep the seized property. This means that the government only has to show that the property was more likely than not connected to a crime.
A number of states have taken steps to reform their civil forfeiture laws. Currently, 11 states now require a criminal conviction to engage in forfeiture proceedings.
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