Friday, April 15, 2016

Asset Forfeiture in Texas?

Is asset forfeiture used in Georgetown, other than eminent domain? The question needs to be put to the city so that citizens know what their police department is doing. Texas state law and federal law allow asset forfeiture, but, more information is required to determine if it is being abused.

"Some great news in asset forfeiture reform is coming out of Florida. S.B. 1044, approved by the legislature earlier in the month, was signed into law today by Gov. Rick Scott.Reason.com

The big deal with this particular reform is that, in most cases, Florida police will actually have to arrest and charge a person with a crime before attempting to seize and keep their money and property under the state's asset forfeiture laws. One of the major ways asset forfeiture gets abused is that it is frequently a "civil", not criminal, process where police and prosecutors are able to take property without even charging somebody with a crime, let alone convicting them. This is how police are, for example, able to snatch cash from cars they've pulled over and claim they suspect the money was going to be used for drug trafficking without actually finding any drugs."

This sounds like a good law for the Texas legislature to consider in the next session.

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