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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.
The recommendations also include requiring a judge to review seizures early in the forfeiture process and, in some instances, mandate law enforcement agencies pay the attorney’s fees of property ...
In civil forfeiture, assets are seized by police based on a suspicion of wrongdoing, and without having to charge a person with specific wrongdoing, with the case being between police and the thing itself, sometimes referred to by the Latin term in rem, meaning "against the property"; the property itself is the defendant and no criminal charge ...
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.
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.
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.
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]
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.