If you keep up with certain legal circles, the term civil asset forfeiture
is something you’re painfully familiar with. If you don’t
not familiar with the term, allow us to explain. Civil asset forfeiture
is controversial legal precedent that allows law enforcement to seize
money or property from i
ndividuals who are suspected of a crime without having to arrest or charge
the individual.
There have been documented cases in which police have taken large sums of money from people just because they “looked like a drug dealer.” Several activist groups have popped up to push for civil asset forfeiture reform, and it appears Florida is leading the charge.
Recently a bill has been approved by the Senate Fiscal Policy Committee and now moves on to the Senate floor. This bill requires police to make an arrest before they seize anything. It was strongly opposed by law enforcement groups until a compromise was made that eliminated the need for a conviction for law enforcement to keep seized property.
A similar bill is making its way through the state house as well. Both bills appear to have support, but only time will tell if they will become law or not.
The fourth amendment protects every American against unlawful search and seizure. It’s important to protect your rights from those who try to violate them. The lawyers at Bauer Crider & Parry have been protecting their clients for more than 130 combined years. If your rights have been violated by law enforcement call Bauer Crider & Parry.