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Sometimes it can mean a threat to seize property as well as the act of seizure itself. [2] Civil forfeiture is not considered to be an example of a criminal justice financial obligation . Proponents see civil forfeiture as a powerful tool to thwart criminal organizations involved in the illegal drug trade , since it allows authorities to seize ...
Asset forfeiture or asset seizure is a form of confiscation of assets by the authorities. In the United States, it is a type of criminal-justice financial obligation . It typically applies to the alleged proceeds or instruments of crime.
Confiscation (from the Latin confiscatio "to consign to the fiscus, i.e. transfer to the treasury") is a legal form of seizure by a government or other public authority. The word is also used, popularly, of spoliation under legal forms, or of any seizure of property as punishment or in enforcement of the law. [1]
In 2018, state lawmakers passed legislation that requires all Kansas law enforcement agencies to report asset seizure and forfeiture information to the Kansas Asset Seizure and Forfeiture Repository.
Senate Bill 458 increases the steps needed to initiate the asset seizure process and requires clear and convincing evidence, rather than a preponderance of evidence, to move forward.
The new law raises the standard of evidence for seizures, imposes stricter deadlines on law enforcement and requires the filing of affidavits of probable cause before forfeiture proceedings begin.
Search and seizure is a procedure used in many civil law and common law legal systems by which police or other authorities and their agents, who, suspecting that a crime has been committed, commence a search of a person's property and confiscate any relevant evidence found in connection to the crime.
A federal circuit judge writes that Detroit's vehicle seizure scheme "is simply a money-making venture—one most often used to extort money from those who can least afford it."